The Privacy Disclosure Agreement is a crucial document required under South African data protection law, particularly the Protection of Personal Information Act (POPIA). This agreement should be implemented whenever an organization collects, processes, or shares personal information of data subjects. It serves as both a compliance tool and a transparency mechanism, demonstrating adherence to POPIA's requirements while informing data subjects about how their information will be handled. The document typically includes detailed information about data collection methods, processing purposes, security measures, data subject rights, and breach notification procedures. It's particularly important for organizations operating in South Africa or handling South African residents' personal information, as it helps ensure compliance with local privacy laws while building trust with data subjects.
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1. Parties: Identification of the disclosing party (data controller/responsible party) and the receiving party, including registration details and contact information
2. Background: Context of the agreement and the relationship between the parties that necessitates the sharing of personal information
3. Definitions: Key terms used in the agreement, aligned with POPIA definitions including 'personal information', 'processing', 'data subject', 'operator', and 'responsible party'
4. Purpose of Processing: Clear statement of the specific purpose(s) for which personal information will be collected and processed
5. Types of Personal Information: Detailed description of the categories of personal information to be collected and processed
6. Collection Methods: Description of how personal information will be collected, including direct and indirect collection methods
7. Data Subject Rights: Comprehensive outline of data subject rights under POPIA, including access, correction, and deletion rights
8. Security Measures: Description of technical and organizational measures to ensure information security
9. Retention and Disposal: Specification of how long information will be retained and methods of secure disposal
10. Third Party Sharing: Details of circumstances under which information may be shared with third parties
11. Breach Notification: Procedures for handling and reporting data breaches
12. General Provisions: Standard contractual terms including governing law, jurisdiction, and amendment procedures
1. Cross-Border Transfers: Required when personal information may be transferred outside South Africa, detailing compliance with POPIA's cross-border transfer requirements
2. Special Personal Information: Required when processing special categories of personal information as defined in POPIA (e.g., health, criminal behavior, race, etc.)
3. Direct Marketing: Required when personal information will be used for direct marketing purposes
4. Automated Decision Making: Required when automated processing will be used to make decisions affecting the data subject
5. Children's Information: Required when processing personal information of children under 18
6. Cookie Policy Integration: Required for online services that use cookies or similar tracking technologies
7. Employee Data Processing: Required when the agreement covers the processing of employee personal information
1. Schedule 1: Categories of Personal Information: Detailed list of all categories of personal information to be processed, including special personal information if applicable
2. Schedule 2: Technical and Organizational Security Measures: Detailed description of security measures implemented to protect personal information
3. Schedule 3: Approved Third-Party Processors: List of approved third-party processors/operators and their roles
4. Schedule 4: Data Processing Activities: Detailed description of specific processing activities and their purposes
5. Schedule 5: Data Retention Schedule: Specific retention periods for different categories of personal information
6. Appendix A: Data Subject Request Forms: Standard forms for data subjects to exercise their rights under POPIA
7. Appendix B: Breach Notification Templates: Standard templates for reporting data breaches to authorities and affected data subjects
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Healthcare
Technology
Retail
Education
Professional Services
Telecommunications
Insurance
Real Estate
Manufacturing
Non-Profit Organizations
Government Services
E-commerce
Human Resources
Relevant Teams
Legal
Compliance
Information Technology
Information Security
Risk Management
Human Resources
Data Protection
Privacy
Operations
Corporate Governance
Internal Audit
Customer Relations
Relevant Roles
Chief Privacy Officer
Data Protection Officer
Information Officer
Legal Counsel
Compliance Manager
Privacy Manager
Risk Manager
IT Security Manager
Human Resources Director
Operations Manager
Chief Information Security Officer
Chief Legal Officer
Chief Technology Officer
Privacy Analyst
Compliance Officer
Data Protection Specialist
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