Zansa › Answers › Privacy, security and ownership
What is an operator under POPIA and what must the agreement say?
Under POPIA, an operator is a party that processes personal information on behalf of a responsible party under a mandate, without coming under its direct authority. POPIA expects a written contract requiring the operator to keep the information secure and to treat it confidentially. This is general information, not legal advice.
A data analytics provider is typically an operator when it handles your customers' personal information on your instructions. The responsible party remains accountable.
A sound operator agreement usually covers purpose, security measures, confidentiality, notification of breaches, return or deletion of data, and limits on onward sharing. Have your adviser review the precise wording for your situation. Rules differ by country and sector, so check how this applies to you with a qualified adviser.
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