¶¶Òõ¶ÌÊÓƵ

All Countries
Data Privacy
Third Party Data Processing Agreement

Third Party Data Processing 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 Third Party Data Processing 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:

Third Party Data Processing Agreement

"I need a Third Party Data Processing Agreement for our fintech company that will process customer financial data in South Africa, with particular emphasis on cross-border transfers to our cloud servers in Ireland and strict security measures for financial information."

Celebrated by
Collaborations with
Investors
Document background
The Third Party Data Processing Agreement is essential when an organization (responsible party) engages another entity (operator) to process personal information on its behalf in South Africa. This agreement is required under the Protection of Personal Information Act (POPIA) to ensure lawful processing of personal information and to establish clear accountability and security measures. It addresses key aspects such as processing limitations, purpose specification, security safeguards, and data subject participation. The agreement becomes particularly crucial in the context of outsourcing, cloud services, or any scenario where personal information is handled by external service providers. It must comply with South African data protection laws while providing practical frameworks for data handling, breach notification, and audit procedures.
Suggested Sections

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

2. Background: Context of the agreement and the processing relationship between the parties

3. Definitions: Definitions of key terms, incorporating POPIA terminology and agreement-specific terms

4. Scope and Purpose of Processing: Detailed description of the processing activities, purposes, and types of personal information involved

5. Obligations of the Processor: Core responsibilities of the processor including security measures, confidentiality, and compliance with POPIA

6. Instructions and Authority: Requirements for the processor to act only on documented instructions from the controller

7. Security Measures: Technical and organizational security measures required to protect personal information

8. Sub-processing: Conditions and requirements for engaging sub-processors

9. Data Subject Rights: Procedures for handling data subject requests and assisting the controller

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

11. Audit Rights: Controller's rights to audit the processor's compliance

12. Term and Termination: Duration of the agreement and termination provisions

13. Return or Deletion of Data: Obligations regarding personal information upon termination

14. Liability and Indemnities: Allocation of liability and indemnification provisions

15. General Provisions: Standard contractual provisions including governing law, jurisdiction, and notice requirements

Optional Sections

1. Cross-border Data Transfers: Required when personal information will be transferred outside South Africa

2. Special Personal Information: Required when processing special categories of personal information as defined in POPIA

3. Direct Marketing: Required when the processing activities involve direct marketing purposes

4. Automated Decision Making: Required when processing involves automated decision-making or profiling

5. Children's Data: Required when processing personal information of children

6. Insurance Requirements: Required when specific insurance coverage is needed for the processing activities

7. Business Continuity: Required for critical processing activities requiring business continuity guarantees

Suggested Schedules

1. Schedule 1 - Processing Activities: Detailed description of processing activities, including categories of data subjects, types of personal information, and processing purposes

2. Schedule 2 - Technical and Organizational Security Measures: Detailed specifications of required security measures and controls

3. Schedule 3 - Approved Sub-processors: List of approved sub-processors and their processing activities

4. Schedule 4 - Transfer Mechanisms: Details of mechanisms for lawful cross-border transfers if applicable

5. Schedule 5 - Service Levels: Service level agreements specific to data processing activities

6. Appendix A - Data Breach Response Plan: Detailed procedures for handling and reporting data breaches

7. Appendix B - Audit Procedures: Detailed procedures for conducting compliance audits

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

Retail

Telecommunications

Professional Services

Manufacturing

Education

Insurance

E-commerce

Government Services

Consulting

Real Estate

Marketing Services

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Procurement

Data Protection

Privacy

Vendor Management

Information Management

Contract Administration

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Manager

Procurement Manager

Contract Manager

Chief Information Officer

Chief Technology Officer

Chief Legal Officer

Privacy Manager

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.