This Data Protection Addendum is essential for organizations processing personal information in South Africa or subject to South African data protection laws. It is typically used as a supplementary agreement to existing commercial relationships where one party processes personal information on behalf of another. The document ensures compliance with the Protection of Personal Information Act (POPIA) and establishes clear protocols for data handling, security measures, and breach notifications. It is particularly important following the full implementation of POPIA and helps organizations demonstrate their commitment to data protection compliance. The addendum addresses key requirements such as cross-border data transfers, sub-processing arrangements, and specific safeguards for special personal information, making it crucial for both local and international business relationships involving South African entities.
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1. Parties: Identification of the contracting parties and their roles (Responsible Party/Operator)
2. Background: Context of the agreement and its relationship to the main agreement it supplements
3. Definitions: Definitions of key terms, aligned with POPIA terminology
4. Scope and Purpose: Details of the personal information processing activities covered by the addendum
5. Obligations of the Parties: Core responsibilities and commitments of each party regarding data protection
6. Data Processing Requirements: Specific requirements for processing personal information in compliance with POPIA
7. Security Measures: Required technical and organizational security measures
8. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
9. Confidentiality: Confidentiality obligations regarding processed personal information
10. Audit Rights: Rights and procedures for auditing compliance
11. Term and Termination: Duration of the addendum and termination provisions
12. Return or Destruction of Data: Requirements for handling personal information upon termination
13. General Provisions: Standard contractual terms including governing law and jurisdiction
1. Cross-Border Transfers: Requirements for transferring personal information outside South Africa - include when international transfers are contemplated
2. Sub-processors: Terms governing the appointment and oversight of sub-processors - include when sub-processing is allowed
3. Special Personal Information: Additional safeguards for processing special personal information as defined in POPIA - include when processing sensitive data
4. Direct Marketing: Specific requirements for processing personal information for direct marketing purposes - include when marketing activities are involved
5. Children's Personal Information: Special provisions for processing children's personal information - include when processing minors' data
6. Insurance Requirements: Specific insurance obligations related to data protection - include for high-risk processing
7. Regulatory Cooperation: Procedures for cooperating with regulatory authorities - include for regulated industries
1. Schedule 1: Description of Processing Activities: Detailed description of personal information processing activities, including categories of data subjects and personal information
2. Schedule 2: Technical and Organizational Security Measures: Specific security measures and controls implemented to protect personal information
3. Schedule 3: Approved Sub-processors: List of approved sub-processors and their processing activities
4. Schedule 4: Transfer Mechanisms: Details of mechanisms used for cross-border transfers of personal information
5. Appendix A: Data Breach Response Plan: Detailed procedures for responding to and reporting data breaches
6. Appendix B: Compliance Checklist: Checklist of POPIA compliance requirements and responsibilities
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