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DPA Data Protection Agreement

DPA Data Protection Agreement Template for South Africa

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Key Requirements PROMPT example:

DPA Data Protection Agreement

"I need a Data Protection Agreement (DPA) for my South African software company acting as a data processor for multiple EU clients, with specific provisions for cross-border data transfers and cloud storage security measures, to be implemented by March 2025."

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Document background
A Data Protection Agreement (DPA) is essential for any business relationship involving the processing of personal information in South Africa. This document type is specifically required under the Protection of Personal Information Act (POPIA) when one party (the data processor) processes personal information on behalf of another party (the data controller). The DPA establishes the framework for compliant data processing, including security measures, breach notification procedures, and data subject rights. It's particularly crucial given POPIA's strict requirements and significant penalties for non-compliance. The agreement should be implemented before any data processing begins and must be updated when processing activities change or when new data protection requirements emerge under South African law.
Suggested Sections

1. Parties: Identification of the data controller and data processor, including their registered addresses and company details

2. Background: Context of the agreement and the data processing relationship between the parties

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

4. Scope and Purpose: Details of the specific data processing activities covered by the agreement

5. Roles and Responsibilities: Clear delineation of roles as controller/processor and respective responsibilities under POPIA

6. Data Processing Requirements: Specific requirements for lawful processing of personal information under POPIA

7. Security Measures: Required technical and organizational security measures to protect personal information

8. Confidentiality: Obligations regarding confidentiality of personal information

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

10. Data Subject Rights: Procedures for handling data subject requests and ensuring their rights under POPIA

11. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

12. Audit Rights: Controller's rights to audit processor's compliance

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

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

15. General Provisions: Standard contractual clauses including governing law, jurisdiction, and entire agreement

Optional Sections

1. Cross-border Data Transfers: Required when personal information will be transferred outside South Africa, including mechanisms for ensuring adequate protection

2. Special Categories of Personal Information: Additional provisions required when processing special personal information as defined in POPIA

3. Direct Marketing: Specific provisions required when personal information will be used for direct marketing purposes

4. Automated Decision Making: Required when processing involves automated decision-making or profiling

5. Data Protection Impact Assessments: Procedures for conducting DPIAs when required

6. Insurance Requirements: Specific insurance obligations for data protection risks

7. Disaster Recovery: Detailed disaster recovery and business continuity requirements

Suggested Schedules

1. Schedule 1: Processing Activities: 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 specification of security measures 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 international data transfers, if applicable

5. Schedule 5: Data Breach Response Plan: Detailed procedures for responding to and reporting data breaches

6. Schedule 6: Audit Procedures: Detailed procedures for conducting compliance audits

7. Appendix A: Contact Details: Contact information for key personnel responsible for data protection

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






























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Relevant Industries

Financial Services

Healthcare

Technology

Retail

Education

Professional Services

Telecommunications

Insurance

Manufacturing

Government

Non-profit Organizations

E-commerce

Marketing Services

Human Resources

Research and Development

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Privacy

Procurement

Data Governance

Internal Audit

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Information Officer

Legal Counsel

Compliance Manager

IT Security Manager

Risk Manager

Operations Director

Chief Information Security Officer

Privacy Manager

General Counsel

Contract Manager

Chief Technology Officer

Data Protection Specialist

Information Security Analyst

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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