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Data Management Agreement

Data Management Agreement Template for South Africa

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Key Requirements PROMPT example:

Data Management Agreement

"I need a Data Management Agreement for my fintech company based in Cape Town, which will be processing customer financial data through a cloud service provider in Ireland, with the agreement starting from March 2025."

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Document background
The Data Management Agreement is essential for organizations operating in South Africa that engage in the collection, processing, or storage of personal and business data through third-party service providers. This agreement is specifically designed to comply with South African data protection laws, particularly POPIA, and addresses the complex requirements for lawful data processing, security measures, and privacy protection. It becomes necessary when an organization (data controller) wishes to outsource data management activities to a service provider (data operator), ensuring clear allocation of responsibilities and compliance obligations. The agreement typically includes detailed provisions for data handling procedures, security protocols, breach notification requirements, and cross-border data transfers, while incorporating specific South African legal requirements and industry standards.
Suggested Sections

1. Parties: Identification of the contracting parties, including registration details and addresses

2. Background: Context of the agreement, relationship between parties, and purpose of data management services

3. Definitions: Detailed definitions of terms used throughout the agreement, including POPIA-specific terminology

4. Scope of Services: Detailed description of data management services to be provided

5. Data Protection Obligations: Compliance with POPIA and other relevant data protection laws

6. Data Security Measures: Required security standards, protocols, and measures for data protection

7. Roles and Responsibilities: Clear delineation of roles as data controller/operator under POPIA

8. Data Processing Instructions: Specific instructions for handling and processing personal information

9. Confidentiality: Obligations regarding confidentiality of data and business information

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

11. Audit Rights: Rights to audit compliance with agreement terms and data protection laws

12. Term and Termination: Duration of agreement and termination provisions

13. Data Return/Destruction: Procedures for handling data upon termination

14. Liability and Indemnification: Allocation of risks and responsibilities for data-related incidents

15. General Provisions: Standard contractual terms including governing law, jurisdiction, and dispute resolution

Optional Sections

1. Cross-border Data Transfers: Provisions for international data transfers, required when data will be processed outside South Africa

2. Sub-processing: Terms for engaging sub-processors, needed when third-party processing is anticipated

3. Industry-Specific Compliance: Additional compliance requirements for specific sectors (e.g., healthcare, financial services)

4. Data Analytics and Mining: Provisions for data analysis and mining activities, if part of services

5. Disaster Recovery: Detailed disaster recovery and business continuity procedures, recommended for critical data

6. Insurance Requirements: Specific insurance obligations for data-related risks

7. Service Level Agreement: Specific performance metrics and service levels, if applicable

8. Change Management: Procedures for implementing changes to data management processes

Suggested Schedules

1. Schedule 1: Data Categories and Processing Activities: Detailed list of data types and processing activities covered

2. Schedule 2: Technical and Organizational Security Measures: Specific security measures and protocols to be implemented

3. Schedule 3: Service Level Specifications: Detailed service levels and performance metrics

4. Schedule 4: Fee Schedule: Pricing and payment terms for services

5. Schedule 5: Authorized Sub-processors: List of approved sub-processors and their roles

6. Schedule 6: Data Breach Response Plan: Detailed procedures for handling data breaches

7. Appendix A: Contact Details: Key contacts for operational and emergency matters

8. Appendix B: Data Processing Instructions: Detailed processing instructions and procedures

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
Authorized Personnel
Authorized Sub-processor
Business Day
Competent Authority
Confidential Information
Consent
Data
Data Breach
Data Controller
Data Subject
Data Processing Instructions
Effective Date
Force Majeure Event
Information Officer
Information Regulator
Intellectual Property Rights
Operator
Personal Information
POPIA
Processing
Record
Responsible Party
Security Measures
Services
Special Personal Information
Sub-processor
Technical and Organizational Measures
Term
Third Party
Unique Identifier
Relevant Industries

Financial Services

Healthcare

Technology

Telecommunications

Retail

Insurance

Education

Professional Services

Manufacturing

Government and Public Sector

E-commerce

Research and Development

Consulting

Mining and Resources

Real Estate

Relevant Teams

Legal

Information Technology

Compliance

Risk Management

Information Security

Data Protection

Operations

Procurement

Privacy

Vendor Management

Information Management

Corporate Governance

Project Management

Relevant Roles

Chief Information Officer

Data Protection Officer

Information Officer

Privacy Officer

Legal Counsel

Compliance Manager

IT Director

Chief Technology Officer

Risk Manager

Information Security Manager

Data Manager

Operations Director

Project Manager

Business Analyst

Systems Administrator

Privacy Analyst

Procurement Manager

Vendor Manager

Industries
Protection of Personal Information Act (POPIA) No. 4 of 2013: South Africa's primary data protection legislation that sets conditions for lawful processing of personal information and establishes rights and duties for data subjects and responsible parties
Electronic Communications and Transactions Act (ECTA) No. 25 of 2002: Governs electronic communications and transactions, including requirements for electronic signatures, record retention, and data messages
Constitution of South Africa, Section 14: Establishes the fundamental right to privacy, which forms the constitutional basis for data protection in South Africa
Promotion of Access to Information Act (PAIA) No. 2 of 2000: Regulates access to information held by public and private bodies, important for data management transparency and information request handling
Consumer Protection Act No. 68 of 2008: Relevant when managing consumer data and establishing data handling practices in consumer relationships
Common Law of Contract: Governs general contractual principles including formation, validity, and enforcement of agreements in South Africa
Cybercrimes Act No. 19 of 2020: Addresses cybersecurity concerns and data breaches, relevant for data security obligations in data management
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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