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Controller Processor Agreement

Controller Processor Agreement Template for South Africa

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Key Requirements PROMPT example:

Controller Processor Agreement

"Need a Controller Processor Agreement for our South African fintech company that will be processing customer payment data through cloud services in Europe, with implementation planned for March 2025."

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Document background
This Controller Processor Agreement is essential for organizations engaging in data processing activities within or from South Africa. It is required under the Protection of Personal Information Act (POPIA) whenever a Responsible Party (Controller) engages an Operator (Processor) to process personal information on their behalf. The agreement establishes clear responsibilities, compliance obligations, and operational requirements for both parties, covering aspects such as data security, breach notification, sub-processing, and data subject rights. It is particularly crucial for demonstrating compliance with POPIA's requirements and ensuring proper governance of data processing relationships. The document should be customized based on the specific processing activities, security requirements, and operational context while maintaining compliance with South African data protection law.
Suggested Sections

1. Parties: Identification of the Controller (Responsible Party) and 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, including those from POPIA and additional agreement-specific terms

4. Scope and Purpose of Processing: Detailed description of the personal information to be processed and the agreed purposes

5. Duration of Processing: Term of the processing activities and agreement duration

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

7. Obligations of the Controller: Controller's responsibilities including lawful instructions and compliance with POPIA

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

9. Data Subject Rights: Procedures for handling data subject requests and assistance requirements

10. Data Security: Security measures and standards required for processing activities

11. Data Breach Notification: Procedures and timeframes for reporting and handling data breaches

12. Audit Rights: Controller's rights to audit and processor's obligations to demonstrate compliance

13. Termination: Conditions for termination and data handling upon termination

14. General Provisions: Standard contractual terms including governing law, jurisdiction, and amendment procedures

Optional Sections

1. Cross-border Data Transfers: Required when personal information will be transferred outside South Africa, including safeguards and compliance with POPIA's transfer requirements

2. Special Personal Information: Additional provisions required when processing special personal information as defined in POPIA

3. Children's Personal Information: Special provisions required when processing personal information of children

4. Direct Marketing: Required when processing involves direct marketing activities

5. Business Continuity: Specific provisions for ensuring continuous availability of processing services in critical operations

6. Insurance Requirements: Specific insurance obligations for high-risk processing activities

Suggested Schedules

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

2. Technical and Organizational Security Measures: Specific security measures and controls implemented by the processor

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

4. Data Transfer Mechanisms: Details of mechanisms used for international data transfers, if applicable

5. Service Level Agreement: Performance metrics and service levels for processing activities

6. Fee Schedule: Pricing and payment terms for processing services

7. Contact Details and Escalation Procedures: Key contacts and procedures for operational and emergency communications

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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

Education

Insurance

Manufacturing

Government and Public Sector

E-commerce

Cloud Services

Marketing and Advertising

Research and Development

Business Process Outsourcing

Relevant Teams

Legal

Compliance

Information Technology

Information Security

Risk Management

Operations

Procurement

Data Protection

Privacy

Vendor Management

Information Governance

Contract Administration

Relevant Roles

Chief Information Officer

Data Protection Officer

Privacy Officer

Legal Counsel

Compliance Manager

Information Security Manager

IT Director

Risk Manager

Operations Manager

Procurement Manager

Chief Technology Officer

Chief Privacy Officer

Contract Manager

Information Officer

Data Governance Manager

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

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