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International Data Transfer Addendum

International Data Transfer Addendum Template for South Africa

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Key Requirements PROMPT example:

International Data Transfer Addendum

"I need an International Data Transfer Addendum for my South African fintech company to transfer customer payment data to our cloud service providers in Ireland and Singapore, with specific provisions for encryption and real-time monitoring."

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Document background
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.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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

Financial Services

Healthcare

Technology and Software

Professional Services

Telecommunications

Manufacturing

Retail and E-commerce

Education

Insurance

Pharmaceuticals

Business Process Outsourcing

Cloud Services

Consulting

Research and Development

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Data Protection

Privacy

International Operations

Procurement

Vendor Management

Relevant Roles

Chief Legal Officer

Data Protection Officer

Information Officer

Privacy Manager

Legal Counsel

Compliance Manager

IT Security Manager

Risk Manager

Chief Information Security Officer

Chief Technology Officer

Contract Manager

Privacy Lawyer

Information Security Analyst

Data Protection Specialist

International Business 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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