The International Data Transfer Addendum is essential for organizations transferring personal information outside of South Africa's borders. It is required when a South African entity (data exporter) needs to transfer personal information to an entity in another country (data importer) and must ensure compliance with Section 72 of the Protection of Personal Information Act (POPIA). This document should be used whenever personal information is being transferred internationally, whether through cloud services, outsourcing arrangements, intra-group transfers, or service provider relationships. The addendum includes crucial provisions regarding data protection measures, responsibilities of both parties, security requirements, and mechanisms for ensuring adequate protection of personal information in the receiving jurisdiction. It is particularly important given South Africa's strict data protection requirements and the need to ensure continued protection of personal information once it leaves South African jurisdiction.
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1. Parties: Identification of the data exporter and data importer, including their full legal names, registration numbers, and addresses
2. Background: Context of the data transfer relationship and reference to the main agreement this addendum supplements
3. Definitions: Key terms used in the addendum, aligned with POPIA definitions and international data protection terminology
4. Scope and Purpose: Details of the data transfer activities covered by the addendum and their legitimate purpose
5. Data Protection Obligations: Core obligations of both parties regarding data protection, including compliance with POPIA requirements
6. Transfer Mechanisms: Legal basis for the transfer under Section 72 of POPIA and details of adequacy measures
7. Security Measures: Technical and organizational security measures implemented to protect the transferred data
8. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights are protected
9. Breach Notification: Protocol for reporting and handling personal data breaches
10. Audit Rights: Rights and procedures for conducting audits of data protection compliance
11. Term and Termination: Duration of the addendum and conditions for termination
12. Return or Deletion of Data: Obligations regarding data handling upon termination of the agreement
13. Governing Law and Jurisdiction: Confirmation of South African law application and jurisdiction for disputes
1. Sub-processing: Include when the data importer may engage sub-processors to process the transferred data
2. Special Categories of Data: Include when sensitive personal information as defined in POPIA is being transferred
3. International Organizations: Include when transfers involve international organizations with specific immunities or privileges
4. Direct Collection: Include when data importer collects data directly from data subjects
5. Specific Processing Restrictions: Include when certain types of processing are prohibited or restricted
6. Insurance Requirements: Include when specific insurance coverage for data protection is required
7. Local Representative: Include when either party needs to appoint a local representative
1. Schedule 1 - Description of Transfer: Detailed description of the data transfer including categories of data subjects, types of personal information, frequency of transfer, and retention periods
2. Schedule 2 - Technical and Security Measures: Detailed specification of security measures implemented by both parties
3. Schedule 3 - Sub-processors: List of approved sub-processors and their processing activities, if applicable
4. Schedule 4 - Transfer Impact Assessment: Assessment of the privacy impact of the transfer and mitigation measures
5. Schedule 5 - Contact Points: List of key contacts for data protection matters, breach notification, and operational issues
6. Appendix A - Standard Contractual Clauses: If used, incorporation of standard contractual clauses or similar transfer mechanisms
7. Appendix B - Compliance Certifications: Copies or details of relevant data protection certifications held by either party
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