CYB-24 · Cyber security
Outsourcing agreements — cyber security obligations contractually defined for all material outsourcing
All material outsourcing agreements must include: data security obligations, incident notification requirements (breach notification within 24–72 hours to the Responsible Party), right to audit, data return/destruction on termination, and sub-outsourcing restrictions. This extends to cloud providers, IT support companies, and managed service providers.
Trigger
When this rule fires
Vendor agreements lack cyber security clauses; no breach notification obligation on vendors; no right to audit vendors; IT support company has admin access without a formal agreement
Applicability gate
Confirm the entity's role before treating this as a duty
This is a readiness rule mapped to JS2 themes. Its presence in the library does not establish that JS2 applies directly to the firm.
- Insurance Broker: Most independent non-life Category I brokers are not directly in JS2's defined scope. A broker may be directly in scope if it separately meets a listed category, and may face contract or oversight requirements from an in-scope institution. Third-party provisions impose duties on the in-scope financial institution. They do not themselves make every supplier or intermediary directly subject to JS2.
- Uma Binder Holder: UMA or binder-holder status is not itself listed in JS2's definition. Direct scope depends on another listed capacity; insurer contracts and oversight may create evidence requirements. JS2 paragraph 3.3 concerns juristic persons structured under an insurer or designated insurance group; it is not a blanket rule for every independent UMA or intermediary.
- Insurer: An insurer as defined in the Insurance Act is directly in scope of JS2 from 1 June 2025. Apply proportionality and distinguish the insurer's own duty from requirements it places on third parties.
Citation
Mapped source
This control maps to the public instruments below. The mapping does not establish entity applicability.
- Section
- Joint Standard 2 of 2024 — paragraph 4.2.3 (SLA roles and responsibilities) / POPIA s.20-21 / Joint Standard 1
- Legislation
-
- Joint Standard 2 of 2024
- POPIA s.20-21
- Joint Standard 1 of 2023
Remediation
How to close the gap
Audit all material vendor contracts for cyber security provisions. Execute addenda or new agreements to include: incident notification (≤24 hours), right to audit, sub-processing restrictions, and data destruction on exit.
Evidence required
Evidence to prepare if this control applies
- Vendor contract inventory with cyber clause status
- Sample contracts showing cyber security provisions
- Data processing agreements (POPIA operators)
- IT support company access agreement