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Data Disclosure Agreement

Data Disclosure Agreement Template for South Africa

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Key Requirements PROMPT example:

Data Disclosure Agreement

"I need a Data Disclosure Agreement for my fintech company based in Cape Town to share customer financial data with a third-party analytics provider, ensuring POPIA compliance and including specific provisions for cross-border transfers to servers in Ireland."

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Document background
The Data Disclosure Agreement serves as a critical legal instrument in South Africa's data protection landscape, designed to facilitate the lawful sharing of personal and confidential information between organizations. This document becomes necessary when one party needs to disclose personal information to another for specific business purposes, research, or operational requirements. The agreement ensures compliance with the Protection of Personal Information Act (POPIA) and other relevant South African legislation, establishing clear guidelines for data handling, security measures, and privacy protection. It addresses key aspects such as cross-border transfers, data subject rights, and breach notification procedures, while incorporating specific South African legal requirements and international best practices in data protection.
Suggested Sections

1. Parties: Identification of the data discloser and recipient, including registration details and addresses

2. Background: Context of the agreement and relationship between the parties

3. Definitions: Definitions of key terms including Personal Information, Processing, Data Subject, and other POPIA-specific terminology

4. Purpose and Scope: Detailed description of the purpose for data disclosure and scope of permitted use

5. Duration: Term of the agreement and conditions for renewal or termination

6. Data Protection Compliance: Obligations under POPIA and other relevant data protection laws

7. Security Measures: Required security measures for protecting disclosed data

8. Confidentiality Obligations: Obligations regarding confidentiality and non-disclosure

9. Data Subject Rights: Procedures for handling data subject access requests and other rights

10. Breach Notification: Procedures and timeframes for reporting data breaches

11. Return or Destruction of Data: Requirements for handling data upon termination

12. Liability and Indemnification: Allocation of liability and indemnification provisions

13. General Provisions: Standard contractual clauses including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Cross-Border Transfer Provisions: Required when data will be transferred outside South Africa, addressing POPIA Chapter 9 requirements

2. Special Personal Information: Required when processing special categories of personal information under POPIA Section 26

3. Sub-processors: Required when the recipient may engage third parties to process the disclosed data

4. Insurance Requirements: Optional section specifying required insurance coverage for data protection

5. Audit Rights: Optional provisions for audit and inspection rights

6. Data Protection Impact Assessment: Required when processing poses high risks to data subjects

7. Business Continuity: Optional provisions for ensuring continuity of data protection measures

Suggested Schedules

1. Schedule A - Description of Personal Information: Detailed description of the categories of personal information to be disclosed

2. Schedule B - Security Requirements: Technical and organizational security measures required for data protection

3. Schedule C - Approved Sub-processors: List of approved third-party processors (if applicable)

4. Schedule D - Processing Activities: Detailed description of all processing activities to be performed

5. Schedule E - Data Transfer Mechanisms: Details of mechanisms used for any cross-border transfers

6. Appendix 1 - Contact Details: Contact information for key personnel and data protection officers

7. Appendix 2 - Standard Contractual Clauses: Standard clauses for international data transfers if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Applicable Laws
Authorised Personnel
Business Day
Commencement Date
Confidential Information
Consent
Data
Data Breach
Data Protection Laws
Data Protection Officer
Data Subject
Disclosed Data
Disclosing Party
Effective Date
Information Officer
Information Regulator
Intellectual Property Rights
Operator
Personal Information
Processing
POPIA
Receiving Party
Record
Responsible Party
Security Measures
Services
Special Personal Information
Sub-processor
Term
Third Party
Transfer
Permitted Purpose
Authorized Use
Cross-border Transfer
Data Protection Impact Assessment
Security Incident
Technical and Organizational Measures
Permitted Recipients
Regulator
Notice
Clauses
Definitions
Interpretation
Data Protection
Confidentiality
Security
Compliance
Representations and Warranties
Indemnification
Liability
Term and Termination
Data Transfer
Access Rights
Breach Notification
Audit Rights
Sub-processing
Cross-border Transfers
Force Majeure
Assignment
Dispute Resolution
Governing Law
Notices
Entire Agreement
Severability
Amendment
Data Subject Rights
Security Measures
Breach Reporting
Return or Destruction
Insurance
Regulatory Compliance
Intellectual Property
Non-solicitation
Costs
Waiver
Relevant Industries

Financial Services

Healthcare

Technology

Research and Development

Education

Professional Services

Telecommunications

Insurance

Retail

Manufacturing

Government and Public Sector

Consulting

Marketing and Advertising

Legal Services

Human Resources

Relevant Teams

Legal

Compliance

Information Security

Risk Management

Data Protection

Information Technology

Privacy

Corporate Governance

Regulatory Affairs

Data Governance

Information Management

Relevant Roles

Chief Privacy Officer

Data Protection Officer

Information Officer

Legal Counsel

Compliance Manager

Risk Manager

IT Security Manager

Chief Information Security Officer

Privacy Analyst

Data Governance Manager

Chief Legal Officer

Information Security Specialist

Compliance Officer

Data Protection Specialist

Privacy Manager

Industries
Protection of Personal Information Act (POPIA) 2013: South Africa's primary data protection law that regulates the processing of personal information and sets conditions for lawful processing of personal data
Constitution of South Africa (Act 108 of 1996), Section 14: Establishes the fundamental right to privacy, which includes protection against unlawful collection, retention, dissemination, and use of personal information
Electronic Communications and Transactions Act (ECTA) 2002: Governs electronic communications and transactions, including provisions for data protection when personal information is collected through electronic means
Promotion of Access to Information Act (PAIA) 2000: Regulates access to information and records held by both public and private bodies, balancing transparency with data protection
Consumer Protection Act 2008: Contains provisions relating to disclosure of information and consumer privacy rights in commercial contexts
Financial Intelligence Centre Act (FICA) 2001: Relevant when dealing with financial information, imposing obligations regarding collection, processing, and disclosure of financial data
Common Law Duty of Confidentiality: Establishes principles regarding confidentiality obligations in contractual relationships and the protection of confidential information
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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