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Data Processing Addendum

Data Processing Addendum Template for South Africa

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Key Requirements PROMPT example:

Data Processing Addendum

"I need a Data Processing Addendum for my South African cloud software company that will be processing customer data across multiple African countries, with specific provisions for cross-border transfers and sub-processor management to be implemented by March 2025."

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Document background
A Data Processing Addendum is required whenever an organization (the responsible party) engages another party (the operator) to process personal information on its behalf in South Africa. This document supplements existing service agreements to ensure compliance with the Protection of Personal Information Act (POPIA) and related data protection regulations. It defines critical aspects such as processing limitations, security requirements, breach notification procedures, and cross-border transfer mechanisms. The DPA is essential for organizations handling personal information through third-party service providers, cloud services, or other external processors, and helps demonstrate compliance with South African data protection requirements while managing risk in data processing relationships.
Suggested Sections

1. Parties: Identification of the data controller (responsible party) and data processor (operator) with their full legal details

2. Background: Context of the existing relationship and purpose of this addendum

3. Definitions: Key terms used in the agreement, aligned with POPIA definitions

4. Scope and Purpose of Processing: Detailed description of what personal information will be processed and for what purposes

5. Obligations of the Data Processor: Core responsibilities of the processor including processing limitations, confidentiality, and security measures

6. Instructions and Authority: Clarification that processor acts only on documented instructions from the controller

7. Security Measures: Technical and organizational measures required to protect personal information

8. Sub-processing: Conditions and requirements for engaging sub-processors

9. Data Subject Rights: Processor's obligations to assist with data subject requests

10. Data Breach Notification: Procedures and timeframes for reporting security compromises

11. Audit Rights: Controller's rights to verify compliance with data protection obligations

12. Cross-border Transfers: Rules and safeguards for international transfers of personal information

13. Term and Termination: Duration of the DPA and termination provisions

14. Return or Destruction of Data: Obligations regarding personal information upon termination

15. Liability and Indemnities: Allocation of risks and responsibilities between parties

Optional Sections

1. Specific Industry Compliance: Additional requirements for specific industries (e.g., healthcare, financial services)

2. Insurance Requirements: Specific insurance obligations for high-risk processing activities

3. Business Continuity: Detailed business continuity and disaster recovery requirements for critical processing

4. Special Categories of Data: Additional safeguards for processing sensitive personal information

5. Data Protection Impact Assessments: Requirements for DPIAs when processing poses high risks

6. Joint Controller Provisions: Additional provisions when parties act as joint controllers rather than processor/controller

Suggested Schedules

1. Schedule 1: Processing Details: Detailed description of processing activities, including categories of data subjects, types of personal information, and processing purposes

2. Schedule 2: Technical and Organizational Measures: Detailed security measures and controls implemented by the processor

3. Schedule 3: Approved Sub-processors: List of pre-approved sub-processors and their processing activities

4. Schedule 4: Transfer Mechanisms: Details of mechanisms used for lawful cross-border transfers

5. Appendix A: Security Breach Response Plan: Detailed procedures for handling and reporting security compromises

6. Appendix B: Audit Procedures: Specific procedures and requirements for conducting compliance audits

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
Relevant legal definitions

























Clauses






















Relevant Industries

Technology and Software

Financial Services

Healthcare

Retail and E-commerce

Professional Services

Manufacturing

Education

Telecommunications

Insurance

Government and Public Sector

Construction

Energy and Utilities

Transportation and Logistics

Media and Entertainment

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Procurement

Operations

Privacy

Data Protection

Vendor Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Chief Information Officer

Risk Manager

Procurement Manager

Contract Manager

Chief Technology Officer

Privacy Analyst

Information Officer

Chief Legal Officer

Operations Manager

Industries





Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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