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The Supplier Data Processing Agreement is essential for organizations in South Africa that engage suppliers to process personal information on their behalf. This document is required under the Protection of Personal Information Act (POPIA), which mandates specific contractual arrangements between responsible parties and operators. The agreement should be used whenever a supplier will have access to, store, or otherwise process personal information controlled by the organization. It covers crucial aspects such as security measures, data breach procedures, sub-processing arrangements, and cross-border transfer requirements. The document helps organizations demonstrate compliance with POPIA's requirements while managing risk in supplier relationships involving personal information processing.

1. Parties: Identification of the data controller (responsible party) and data processor (operator) with their full legal details

2. Background: Context of the processing relationship and purpose of the agreement

3. Definitions: Definitions of key terms used in the agreement, aligned with POPIA terminology

4. Scope and Purpose of Processing: Detailed description of the processing activities, categories of data, and processing purposes

5. Duration of Processing: Term of the processing activities and conditions for termination

6. Obligations of the Processor: Core responsibilities of the processor including security measures, confidentiality, and processing limitations

7. Sub-processors: Rules and procedures for engaging sub-processors

8. Data Subject Rights: Processor's obligations to assist with data subject requests

9. Security Measures: Required technical and organizational security measures

10. Data Breaches: Notification requirements and procedures for handling data breaches

11. Audit Rights: Controller's rights to audit and verify compliance

12. Cross-border Transfers: Rules and safeguards for international data transfers

13. Return or Deletion of Data: Obligations regarding data handling upon agreement termination

14. Liability and Indemnification: Allocation of risks and responsibilities

15. General Provisions: Standard contractual terms including notices, amendments, and governing law