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.
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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
1. Business Continuity and Disaster Recovery: Required for critical processing activities or high-volume data processing
2. Special Categories of Personal Information: Include when processing sensitive personal information as defined in POPIA
3. Data Protection Impact Assessments: Required for high-risk processing activities
4. Insurance Requirements: Include when specific insurance coverage is required for the processing activities
5. Service Levels: Include when specific performance metrics need to be maintained for processing activities
6. Exit Management: Required for complex processing arrangements requiring detailed transition planning
1. Description of Processing Activities: Detailed matrix of data types, processing purposes, and categories of data subjects
2. Technical and Organizational Security Measures: Specific security controls and measures implemented by the processor
3. Approved Sub-processors: List of pre-approved sub-processors and their processing activities
4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers
5. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency communications
6. Service Level Requirements: Detailed performance metrics and measurement criteria if applicable
7. Processing Fees: Pricing and payment terms for processing services if not covered in main service agreement
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