Data Privacy and Security Agreements: Defining, Allocating and Mitigating Risks From Data Security Breaches
Presented by Strafford Publications
As the amount of data that businesses collect, new and evolving uses for data, and threats to the privacy and security of data continue to grow exponentially, there is an increased urgency for companies to negotiate reasonable, effective, and enforceable data privacy and security provisions in contracts with their vendors.
The recent Aadhaar, Facebook, and Under Armour data security breaches are the latest reminder that all organizations are likely to experience a breach at some point, putting trade secrets, confidential information, and personal information of consumers and employees at risk and exposing businesses to liability. Sweeping new laws like the European Union’s GDPR and the California Consumer Privacy Act seek to address some of these risks and provide additional reasons to include robust privacy, data security, and risk allocation terms in vendor agreements where sensitive data is being shared or accessed.
Through carefully drafted data privacy and security provisions in agreements, counsel can help businesses allocate and mitigate the risks resulting from data security breaches. Other essential risk mitigation clauses include insurance, indemnity and limitation of liability.
Listen as the panel of seasoned data privacy attorneys explains best practices for drafting data privacy and security provisions in vendor agreements. They will discuss new and evolving risks to data privacy and security and specific clauses that should be included in data privacy and security provisions to help allocate and mitigate risk, and to withstand challenges to enforcement.
Key topics include:
- Lessons for businesses from recent data security breaches
- Critical clauses to address privacy and security risks in vendor agreements
- Enforcing privacy and security provisions in vendor contracts
CLE credit available.