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Joint Controller Data Sharing Agreement

Joint Controller Data Sharing Agreement Template for South Africa

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Key Requirements PROMPT example:

Joint Controller Data Sharing Agreement

"I need a Joint Controller Data Sharing Agreement under South African law for a partnership between a healthcare provider and a medical research institute, with specific provisions for handling sensitive medical data and research findings, to be effective from March 2025."

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Document background
The Joint Controller Data Sharing Agreement is essential when two or more organizations jointly determine the purposes and means of processing personal information in South Africa. This document is required for compliance with the Protection of Personal Information Act (POPIA) and should be implemented when organizations share decision-making authority over data processing activities. The agreement outlines crucial elements including allocation of responsibilities, data security measures, handling of data subject requests, breach notification procedures, and liability arrangements. It's particularly important in complex data sharing scenarios where multiple parties have equal standing in determining how personal information is processed. The document must reflect South African legal requirements while providing practical mechanisms for joint control and shared responsibility over personal information processing.
Suggested Sections

1. Parties: Identification of the joint controllers entering into the agreement, including their registered addresses and company registration numbers

2. Background: Context of the agreement, description of the joint processing activities, and the relationship between the parties

3. Definitions: Definitions of key terms used in the agreement, including those from POPIA and any agreement-specific terms

4. Scope and Purpose: Details of the personal information to be shared and processed, and the specific purposes for which it will be processed

5. Roles and Responsibilities: Detailed allocation of responsibilities between the joint controllers, including primary points of contact and information officer duties

6. Lawful Basis for Processing: Specification of the legal grounds under POPIA for the processing activities

7. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with POPIA's data subject rights

8. Security Measures: Security requirements and standards to be maintained by both parties in accordance with POPIA Section 19

9. Data Breach Notification: Procedures for identifying, reporting, and managing personal information breaches

10. Confidentiality: Obligations regarding confidentiality and security of shared information

11. Liability and Indemnification: Allocation of liability between the parties and indemnification provisions

12. Term and Termination: Duration of the agreement and circumstances under which it can be terminated

13. General Provisions: Standard contractual clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Cross-border Transfers: Required when personal information will be transferred outside South Africa, addressing POPIA's requirements for cross-border transfers

2. Direct Marketing: Required when the shared data will be used for direct marketing purposes, ensuring compliance with POPIA's direct marketing provisions

3. Subprocessing: Required when either party intends to use subprocessors for the processing activities

4. Insurance: Optional section specifying insurance requirements when processing high-risk or sensitive personal information

5. Audit Rights: Optional section detailing audit procedures when regular compliance verification is required

6. Data Protection Impact Assessment: Required when processing activities present high risks to data subjects

Suggested Schedules

1. Schedule 1: Categories of Personal Information: Detailed list of personal information categories being processed and shared

2. Schedule 2: Processing Activities: Detailed description of all processing activities carried out by the joint controllers

3. Schedule 3: Technical and Organizational Measures: Specific security measures and controls implemented by both parties

4. Schedule 4: Contact Details: Contact information for key personnel, including information officers and emergency contacts

5. Schedule 5: Data Subject Rights Procedure: Detailed procedures for handling data subject requests

6. Appendix A: Standard Forms: Templates for data breach notifications, data subject requests, and other standard communications

7. Appendix B: Security Incident Response Plan: Detailed procedures for responding to security incidents and data breaches

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

Insurance

Telecommunications

Retail

Technology

Education

Professional Services

Market Research

Banking

E-commerce

Real Estate

Consulting

Transportation and Logistics

Marketing and Advertising

Relevant Teams

Legal

Compliance

Information Security

Data Protection

Risk Management

Information Technology

Operations

Privacy

Information Management

Data Governance

Regulatory Affairs

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Information Officer

Legal Counsel

Compliance Manager

Risk Manager

IT Security Manager

Chief Information Security Officer

Privacy Manager

Data Governance Manager

Chief Legal Officer

Chief Technology Officer

Operations Director

Contract Manager

Chief Compliance Officer

Information Management Officer

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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