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Joint Controller Data Processing Agreement

Joint Controller Data Processing Agreement Template for South Africa

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Key Requirements PROMPT example:

Joint Controller Data Processing Agreement

"I need a Joint Controller Data Processing Agreement for a partnership between our South African fintech company and a UK-based financial services provider, with specific provisions for cross-border data transfers and compliance with both POPIA and UK GDPR, to be implemented by March 2025."

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Document background
The Joint Controller Data Processing Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal information under South African law. This document becomes necessary when multiple entities share decision-making authority over data processing activities, such as in joint ventures, shared services arrangements, or collaborative projects. The agreement ensures compliance with the Protection of Personal Information Act (POPIA) while clearly delineating each party's responsibilities, liability, and obligations regarding data protection. It includes crucial elements such as security measures, data breach protocols, and mechanisms for handling data subject requests, making it vital for organizations that need to demonstrate compliance with South African data protection requirements while working collaboratively with other entities.
Suggested Sections

1. Parties: Identification and details of the joint controllers entering into the agreement

2. Background: Context of the agreement and the parties' relationship as joint controllers

3. Definitions: Definitions of key terms used in the agreement, including POPIA-specific terminology

4. Scope and Purpose: Description of the joint processing activities and purposes covered by the agreement

5. Roles and Responsibilities: Detailed allocation of responsibilities between joint controllers for POPIA compliance

6. Data Protection Principles: Commitment to and implementation of POPIA's conditions for lawful processing

7. Data Subject Rights: Procedures for handling data subject requests and respective responsibilities

8. Security Measures: Required technical and organizational measures for data protection

9. Data Breach Notification: Procedures for handling and reporting personal data breaches

10. Liability and Indemnification: Allocation of liability between joint controllers and indemnification provisions

11. Term and Termination: Duration of the agreement and conditions for termination

12. General Provisions: Standard contractual clauses including governing law, jurisdiction, and amendment procedures

Optional Sections

1. Cross-border Data Transfers: Provisions for international data transfers where processing occurs outside South Africa

2. Industry-Specific Requirements: Additional provisions for specific sectors (e.g., healthcare, financial services)

3. Sub-processing: Terms governing the appointment and oversight of sub-processors, if applicable

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

5. Audit Rights: Detailed audit procedures and requirements beyond standard compliance monitoring

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

7. Joint Controller Contact Point: Designation of a single contact point for data subjects where appropriate

Suggested Schedules

1. Schedule 1: Processing Activities: Detailed description of joint processing activities, including categories of data and purposes

2. Schedule 2: Technical and Organizational Measures: Specific security measures and controls implemented by each controller

3. Schedule 3: Data Subject Rights Procedure: Detailed procedures for handling data subject requests

4. Schedule 4: Breach Response Plan: Detailed procedures for responding to data breaches

5. Schedule 5: Allocation of Responsibilities: Detailed matrix of responsibilities between the joint controllers

6. Appendix A: Contact Details: Key contacts for operational, legal, and data protection matters

7. Appendix B: Sub-processors: List of approved sub-processors and their processing activities

8. Appendix C: Data Transfer Mechanisms: Details of mechanisms used for any cross-border data transfers

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

Insurance

Telecommunications

Professional Services

Real Estate

Marketing and Advertising

Research and Development

Government Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Operations

Information Management

Governance

Procurement

Technology

Relevant Roles

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

Risk Manager

Chief Information Officer

Chief Technology Officer

Chief Privacy Officer

Operations Director

Commercial Director

Project Manager

Information Officer

General Counsel

IT Security 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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