Question 1

What is a Data Processing / Operator Agreement?

Accepted Answer

A Data Processing / Operator Agreement is a written contract required under POPIA Section 21 when an organisation shares personal information with entities to process it on their behalf. This agreement can be drafted from either perspective—whether you're an organisation sharing personal information, or an entity processing personal information on behalf of organisations.

Question 2

Who are entities to which you share personal information?

Accepted Answer

Under POPIA, these are entities (referred to as "operators" in the Act) that process personal information for an organisation in terms of a contract or mandate, without coming under the direct authority of that organisation.

Examples include:
• Marketing / advertising agencies;
• Accountants / auditors;
• Recruitment and employment agencies;
• Lawyers;
• Credit Bureau / Verification agencies;
• Cloud storage providers;
• Any other service providers handling personal information;

Question 3

Do I need a Data Processing / Operator Agreement?

Accepted Answer

Section 21 of the POPI Act requires that a written agreement must be entered into between an organisation and entities to which it shares personal information. An oral agreement is not POPI Act compliant. The written agreement ensures that entities establish adequate safeguards and security measures when processing personal information.

If you're an organisation sharing personal information, you could be held liable by the Information Regulator for any breach by the entity processing your data. If you're an entity processing personal information on behalf of organisations, the agreement protects you by clearly defining your obligations and limits of liability. Our custom agreement can be drafted from either perspective to protect your interests.

Question 4

How long does delivery take?

Accepted Answer

Standard delivery is 3 business days from when we receive your completed questionnaire. If you need your Data Processing Agreement sooner, we offer an Express Delivery option which guarantees delivery within 1 business day. You can select Express Delivery as an add-on during checkout.

Question 5

What if I need changes to my agreement?

Accepted Answer

Your order includes 2 rounds of revisions at no additional cost, which must be requested within 1 week of receiving your draft. This ensures you have ample opportunity to review the document and request any adjustments. Additional revision rounds beyond this can be arranged at a nominal fee.

Question 6

Who will draft my agreement?

Accepted Answer

Your Data Processing Agreement will be prepared by a qualified South African attorney with a minimum of 12 years of post-qualification experience in data protection and POPIA compliance. Our attorney has extensive experience drafting operator agreements across various industries.

Question 7

What information will I need to provide?

Accepted Answer

After purchase, you'll receive a detailed questionnaire asking whether you're an organisation sharing personal information or an entity processing it on behalf of organisations, details of both parties, the types of personal information being processed, processing purposes, security requirements, sub-processing arrangements, and data retention periods. This helps us tailor the agreement to protect your specific interests.

Question 8

Will my agreement comply with POPIA?

Accepted Answer

Yes. Your Data Processing Agreement will be drafted to comply with Section 21 of POPIA and related provisions governing relationships between organisations and entities processing personal information. Our attorney ensures all required clauses are included and enforceable under South African law.

Custom Data Processing / Operator
Agreement

Agreement Details

Who Is This For

Tailored To Your Needs

Prepared By Experts

Why This Agreement Works

POPIA Section 21 Compliance

Clear Processing Instructions

Reduce Disputes

Attorney Drafted

Amendments Included

Security Standards

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Custom Data Processing / OperatorAgreement