The Intra Group Data Processing Agreement is essential for corporate groups operating in South Africa who need to establish a formal framework for sharing and processing personal information between group entities. This document is required to ensure compliance with the Protection of Personal Information Act (POPIA) and other relevant South African legislation when personal information flows between different entities within the same corporate group. The agreement becomes particularly important when group entities act in different capacities (as controllers or processors) and when data is transferred across borders. It should be implemented when group entities begin sharing personal information, during corporate restructuring, or when updating existing arrangements to ensure POPIA compliance. The agreement includes detailed provisions on security measures, data subject rights, breach notification procedures, and audit requirements, tailored to the specific needs of intra-group data processing activities.
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1. Parties: Identification of the group entities entering into the agreement, including their registration details and roles (data controller/processor)
2. Background: Context of the agreement, relationship between the parties, and purpose of the data processing arrangement
3. Definitions: Definitions of key terms used in the agreement, aligned with POPIA definitions
4. Scope and Purpose of Processing: Detailed description of the permitted data processing activities and their purposes
5. Duration: Term of the agreement and conditions for termination
6. Nature and Categories of Personal Information: Specification of the types of personal information to be processed
7. Data Subject Categories: Identification of the categories of data subjects whose data will be processed
8. Obligations of the Data Controller: Responsibilities and obligations of the controlling entity under POPIA
9. Obligations of the Data Processor: Detailed processor obligations including security, confidentiality, and subprocessing requirements
10. Technical and Organizational Measures: Security measures required to protect personal information
11. Data Subject Rights: Procedures for handling data subject requests and ensuring compliance with POPIA rights
12. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches
13. Audit Rights: Rights and procedures for conducting compliance audits
14. Liability and Indemnities: Allocation of liability and indemnification provisions
15. Governing Law and Jurisdiction: Specification of South African law and jurisdiction
1. Cross-Border Transfers: Required when personal information will be transferred outside South Africa, specifying compliance with POPIA Section 72
2. Special Personal Information: Required when processing special personal information as defined in POPIA
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 about data subjects
5. Children's Personal Information: Required when processing personal information of children
6. Insurance Requirements: Optional section specifying required insurance coverage for data processing activities
7. Cost Allocation: Required when there are specific cost-sharing arrangements between group entities
1. Schedule 1: Processing Activities: Detailed description of specific processing activities, including purposes, categories of data, and processing operations
2. Schedule 2: Technical and Security Measures: Detailed specification of security controls, encryption standards, and other technical measures
3. Schedule 3: Approved Subprocessors: List of approved subprocessors and their specific roles
4. Schedule 4: Data Transfer Mechanisms: Details of mechanisms used for international data transfers within the group
5. Schedule 5: Contact Details: Contact information for key personnel, including Data Protection Officers and designated representatives
6. Appendix A: Data Breach Response Plan: Detailed procedures and contact protocols for handling data breaches
7. Appendix B: Audit Procedures: Specific procedures and requirements for conducting compliance audits
8. Appendix C: Standard Forms: Templates for data subject requests, breach notifications, and other standard communications
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