Question 1

What is a Data Processing/Operator Agreement?

Accepted Answer

A Data Processing Agreement (called an Operator Agreement under POPI) is a contract between a responsible party and a third party who processes personal information on their behalf. Section 21 of POPI requires this agreement to be in writing.

Question 2

Is this template compliant with South African law?

Accepted Answer

Yes, this template complies with Section 21 of the POPI Act, which mandates written agreements with operators. It includes required provisions for security measures, processing limitations, and confidentiality obligations.

Question 3

Can I customize this template?

Accepted Answer

Yes, the template allows you to specify the nature of processing, categories of personal information involved, security requirements, audit rights, sub-processing rules, and breach notification procedures.

Question 4

What key clauses are included in the template?

Accepted Answer

The template covers: scope of processing; security measures; confidentiality obligations; sub-processor requirements; audit rights; breach notification; data return/deletion; liability and indemnification; and term and termination.

Question 5

Who needs this agreement?

Accepted Answer

You need this agreement when engaging any third party who processes personal information for you, including cloud service providers, payment processors, marketing agencies, IT support companies, accountants, and HR service providers.

Question 6

What format is the template delivered in?

Accepted Answer

The template is delivered in Microsoft Word format (.docx), enabling you to customize the processing details and security requirements for each operator relationship.

Template Data Processing / Operator
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Template Data Processing / OperatorAgreement