¶¶Òõ¶ÌÊÓƵ

All Countries
Data Privacy
Personal Data Transfer Agreement

Personal Data Transfer Agreement Template for South Africa

Create a bespoke document in minutes,  or upload and review your own.

4.6 / 5
4.8 / 5

Let's create your Personal Data Transfer Agreement

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.

Get your first 2 documents free

Your data doesn't train Genie's AI

You keep IP ownership of your information

Key Requirements PROMPT example:

Personal Data Transfer Agreement

"I need a Personal Data Transfer Agreement for transferring customer financial data from our South African headquarters to our cloud service provider in Germany, with implementation planned for March 2025, ensuring POPIA compliance and including specific provisions for banking sector requirements."

Celebrated by
Collaborations with
Investors
Document background
The Personal Data Transfer Agreement is essential for organizations transferring personal information within or outside South Africa, ensuring compliance with the Protection of Personal Information Act (POPIA) and related data protection regulations. This agreement becomes necessary when personal information needs to be shared between different entities, whether for processing, storage, or other legitimate business purposes. It addresses crucial aspects such as cross-border data flows, security measures, data subject rights, and breach notification requirements. The document is particularly important given South Africa's strict data protection regime and the need for adequate safeguards when transferring data to other jurisdictions. It helps organizations demonstrate compliance with POPIA's accountability requirements and establishes clear responsibilities and obligations for all parties involved in the data transfer.
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 purpose of the agreement

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

4. Scope and Purpose of Transfer: Details of what personal information will be transferred and for what specific purposes

5. Obligations of the Data Exporter: Responsibilities of the party sending the data, including ensuring legal basis for transfer and data accuracy

6. Obligations of the Data Importer: Responsibilities of the receiving party, including data protection measures and processing limitations

7. Security Measures: Specific technical and organizational security measures to protect the transferred data

8. Data Subject Rights: Procedures for handling data subject requests and ensuring POPIA compliance regarding subject rights

9. Breach Notification: Procedures and timeframes for reporting data breaches

10. Audit Rights: Rights of the data exporter to audit the data importer's compliance

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

12. Return or Destruction of Data: Obligations regarding data handling upon termination

13. Governing Law and Jurisdiction: Specification of South African law as governing law and jurisdiction for disputes

14. General Provisions: Standard contractual terms including severability, entire agreement, and amendments

Optional Sections

1. Sub-Processing: Required if the data importer will use sub-processors, detailing conditions and approval processes

2. Special Categories of Personal Information: Required when transferring sensitive personal information as defined in POPIA

3. Data Protection Impact Assessment: Required for high-risk processing activities

4. Insurance Requirements: Optional section specifying required insurance coverage for data protection

5. Cross-Border Transfer Mechanisms: Required when transfers involve countries without adequate data protection laws

6. Business Continuity and Disaster Recovery: Optional section for critical data transfers requiring contingency planning

7. Joint Controller Provisions: Required when both parties act as joint controllers of the personal information

Suggested Schedules

1. Schedule 1: Description of Transfer: Detailed description of the personal information being transferred, including categories of data subjects and data types

2. Schedule 2: Technical and Security Measures: Specific technical and organizational security measures implemented by both parties

3. Schedule 3: Authorized Sub-Processors: List of approved sub-processors, if applicable

4. Schedule 4: Transfer Impact Assessment: Assessment of risks and mitigation measures for the data transfer

5. Schedule 5: Data Processing Instructions: Detailed processing instructions and parameters

6. Appendix A: Contact Points: List of key contacts for data protection matters and breach reporting

7. Appendix B: Standard Contractual Clauses: If required, standard contractual clauses for international 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




































Clauses






























Relevant Industries

Financial Services

Healthcare

Technology and Software

E-commerce

Telecommunications

Professional Services

Insurance

Education

Human Resources and Recruitment

Manufacturing

Retail

Business Process Outsourcing

Marketing and Advertising

Research and Development

Consulting Services

Relevant Teams

Legal

Compliance

Information Security

IT

Risk Management

Data Protection

Privacy

Operations

Information Governance

Procurement

Corporate Affairs

Technology

Information Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Chief Information Security Officer

Privacy Manager

Contracts Manager

Chief Legal Officer

Information Governance Manager

Chief Technology Officer

Operations Director

Chief Information 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

Find the exact document you need

International Data Transfer Addendum

A South African law-compliant addendum governing international transfers of personal information under POPIA requirements.

find out more

Intra Group Data Processing Agreement

A South African law-governed agreement regulating personal information processing between entities within the same corporate group, ensuring POPIA compliance.

find out more

Third Party Processing Agreement

A South African law-governed agreement regulating personal information processing between a responsible party and an operator under POPIA.

find out more

Data Processing Addendum

A South African law-compliant agreement governing personal information processing between controllers and processors under POPIA.

find out more

Intercompany Data Transfer Agreement

South African law-governed agreement regulating intra-group data transfers in compliance with POPIA and local data protection regulations.

find out more

Data Management Agreement

A South African law-compliant agreement governing data management and processing activities between organizations, ensuring POPIA compliance and data protection.

find out more

Data Controller To Data Controller Agreement

South African POPIA-compliant agreement governing personal information sharing between two data controllers, establishing mutual obligations and responsibilities.

find out more

DPA Agreement

A South African law-compliant Data Processing Agreement establishing terms for handling personal information under POPIA regulations.

find out more

Third Party Data Processing Agreement

A South African law-compliant agreement governing the processing of personal information by a third-party operator on behalf of a responsible party under POPIA.

find out more

Personal Data Transfer Agreement

A POPIA-compliant agreement for transferring personal information between parties under South African law.

find out more

Controller Processor Agreement

A South African law-governed agreement between a data controller and processor establishing terms for personal information processing under POPIA.

find out more

Affiliate Addendum

A South African law-compliant addendum establishing terms and conditions for affiliate marketing relationships, including commission structures and compliance requirements.

find out more

Sub Processing Agreement

A South African-compliant agreement governing the delegation of personal information processing activities to a sub-processor under POPIA requirements.

find out more

International Data Transfer Agreement

A South African law-governed agreement for cross-border personal information transfers, ensuring POPIA compliance and data protection standards.

find out more

Data Protection Addendum

A South African law-governed addendum establishing POPIA-compliant terms for personal information processing between parties.

find out more

Download our whitepaper on the future of AI in Legal

By providing your email address you are consenting to our Privacy Notice.
Thank you for downloading our whitepaper. This should arrive in your inbox shortly. In the meantime, why not jump straight to a section that interests you here: /our-research
Oops! Something went wrong while submitting the form.

³Ò±ð²Ô¾±±ð’s Security Promise

Genie is the safest place to draft. Here’s how we prioritise your privacy and security.

Your documents are private:

We do not train on your data; ³Ò±ð²Ô¾±±ð’s AI improves independently

All data stored on Genie is private to your organisation

Your documents are protected:

Your documents are protected by ultra-secure 256-bit encryption

Our bank-grade security infrastructure undergoes regular external audits

We are ISO27001 certified, so your data is secure

Organizational security

You retain IP ownership of your documents

You have full control over your data and who gets to see it

Innovation in privacy:

Genie partnered with the Computational Privacy Department at Imperial College London

Together, we ran a £1 million research project on privacy and anonymity in legal contracts

Want to know more?

Visit our for more details and real-time security updates.

Read our Privacy Policy.