Custom Data Processing / Operator Agreement

A Data Processing / Operator Agreement is an agreement  between party A and party B, if party A is passing on personal information to party B in instances where such personal information relates to and has been collected from another external person. 

R3,800.00 inc. VAT

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Fit For

All South African organisations
Customised

Yes, to your organisations specific needs
Attorney

Prepared by an attorney of at least 12 years post qualification experience

Common benefits of a Data Processing / Operator Agreement

  • As it is required in terms of the POPI Act, this will help ensure POPI Act compliance.
  • Clearly sets out the roles and obligations between the 'responsible party' and the 'operator'
  • Reduce the chance of uncertainty between the parties and therefore reduce disputes

FAQ's regarding Data Processing / Operator Agreements

If your business requires any outside party to use or store (process) personal information of your clients on your behalf, this requires a written agreement, known as a Data Processing / Operator Agreement, to be entered into between your business and the outside party that processes the personal information on your behalf.

An Operator is defined in the POPI Act as a “person who processes personal information for a responsible party in terms of a contract or mandate, without coming under the direct authority of that party”.

Examples of Operators include the following:

  • Marketing / advertising agencies;
  • Accountants / auditors;
  • Recruitment and employment agencies;
  • Lawyers;
  • Credit Bureau / Verification agencies;
  • Any other agents;

Section 21 of the POPI Act requires that a written agreement needs to be entered into between an Operator and a Responsible Party (your business). As such, an oral agreement unfortunately is not POPI Act compliant. The written agreement needs to ensure that the Operator establishes adequate safeguards and security measures for and when processing the personal information of your clients.

Further, your business could be held liable by the Information Regulator for any breach by the Operator of the POPI Act. Our Template Data Processing / Operator Agreement is a ready to go, out of the box solution, for your business needs.