News & Analysis as of

Data Security Contract Terms

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights - V 4, Issue 4, April 2023

Tech Vendors and Cybersecurity – Are They Responsible? It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you...more

Spilman Thomas & Battle, PLLC

Tech Vendors and Cybersecurity – Are They Responsible?

It has long been recommended that when you contract with a technology vendor that you include an indemnity clause in the contract wherein the vendor will indemnify you if its product is compromised and results in a data...more

Genova Burns LLC

DoorDash Hacker Incident Illustrates Third-Party Vendor Risks and Potential Vulnerabilities

Genova Burns LLC on

​​​​​​​Hackers have increasingly focused on third-party vendors as avenues to data held by associated businesses. On August 25, 2022, DoorDash announced that it had experienced a data breach which impacted the personal...more

Morgan Lewis - Tech & Sourcing

Considering Security, Audit, and Other Key Provisions When Your Supplier Shifts to a More Permanent Remote Work Model

With the COVID-19 pandemic, many industries experienced a major shift in how the personnel of key suppliers worked, with “nonessential” personnel in large part working remotely. When this shift to remote work first happened...more

WilmerHale

China’s New Outbound Data Transfer Security Assessment Measures and Standard Contract Provisions

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Outbound Data Transfer Security Review Measures - On July 7, 2022, the Cybersecurity Administration of China (“CAC”) issued the Outbound Data Transfer Security Assessment Measures (“Security Assessment Measures”) effective...more

McDermott Will & Emery

[Webinar] Privacy and Cybersecurity Contracting: What’s the “Deal”? - June 29th, 12:00 pm - 1:00 pm EDT

McDermott Will & Emery on

Security Schedules, Privacy Addenda, TOMs, DPAs—whatever you call them, privacy and cybersecurity contract terms have exploded in prevalence in recent years, bringing with them new importance that can lead to difficult and...more

Morgan Lewis - Tech & Sourcing

Important Considerations for Limitation of Liability Carveouts

Limitation of liability provisions are standard in almost every contract and are essential in helping the contract parties limit their risk. These provisions typically contain a broad disclaimer of consequential damages and a...more

Bradley Arant Boult Cummings LLP

Enforcing Electronic Contracts in Texas When the Other Party Denies Signing

As an ever-increasing amount of contract negotiation and execution is done online, new legal issues have arisen from such transactions. Consider the following scenario: You are a general/prime contractor. You have a...more

Farella Braun + Martel LLP

[Webinar] Cyber Insurance for the Cannabis Industry - June 1st, 10:00 am - 11:00 am PT

Cannabis businesses have cyber security and privacy risks. While the risks are varied, many arise from the businesses’ holding of highly sensitive consumer information or confidential data about business partners. Cannabis...more

Bowditch & Dewey

[Webinar] Drafting and Negotiating SaaS Contract Agreements: Tips and Pitfalls - April 7th, 4:00 pm - 6:00 pm EST

Bowditch & Dewey on

Rory Fazendeiro will be speaking at the webinar “Drafting and Negotiating SaaS Contract Agreements: Tips and Pitfalls” presented by the New England Corporate Counsel Association, Inc. (NECCA). Software as a Service (SaaS)...more

Alston & Bird

Class Action & MDL Roundup – Winter 2021

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! Our winter edition covers notable class actions from the fourth quarter of 2020. In this edition, we find a common theme among COVID-19 class actions, the Tampa 2 defends...more

Morgan Lewis - Tech & Sourcing

Service Locations and Remote Work Following COVID-19

In a March 2020 LawFlash, we highlighted that restrictions on service delivery locations and remote work could become key issues during the pandemic. Remote work was one of our five key issues in outsourcing and managed...more

Sheppard Mullin Richter & Hampton LLP

Top 10 Diligence Issues in Lead Generation Mergers and Acquisitions

As anyone who has been through a corporate sale process can tell you, there is no such thing as a “standard” M&A transaction. Every deal is different and presents a unique set of challenges. This is especially true of...more

Epstein Becker & Green

Addressing Data Privacy and Security Provisions in COVID-19 Related Service Provider Agreements and Beyond

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Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. ...more

Hudson Cook, LLP

Vendor Service Contracts - Not Just Arm's Length Transactions Anymore

Hudson Cook, LLP on

The Consumer Financial Protection Bureau's Compliance Bulletin and Policy Guidance; 2016-02, Service Providers addresses the CFPB's expectation that companies oversee their business relationships with service providers in a...more

WilmerHale

In Case You Missed It: Launch Links - July 2019 #4

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Some interesting links we found across the web this week: How Enforceable is Your Non-Compete Clause? Courts frequently hold non-compete clauses, that state that an individual cannot compete with a certain company in a...more

Foley Hoag LLP - Security, Privacy and the...

The Paris District Court Invalidates 38 Clauses of Google+ Terms of Use and Privacy Policy

It has been rough weather for Google in France. Three weeks after the French ?Data Protection Authority imposed a record fine against Google for non-compliance with the GDPR, the Paris District Court (“Tribunal de Grande...more

Robinson+Cole Data Privacy + Security Insider

Data Privacy and Security Contractual Provisions

A dispute between parties, or in the middle of a security incident, is not the best time to determine whether you have sufficient contractual provisions in place with a customer or vendor....more

BCLP

Negotiating Payment Processing Agreements

BCLP on

Credit cards are the primary form of payment received by most retailers. In order to process a credit card a retailer must enter into an agreement with a bank and a payment processor (a “Payment processing agreement”)....more

Morgan Lewis

Contract Corner: Data Safeguards in Services Agreements (Part 3)

Morgan Lewis on

In Part 1 and Part 2 of this Contract Corner, we discussed the importance of assessing and defining the types of data involved in a services agreement, and highlighted issues to consider with respect to the ownership and...more

McGuireWoods LLP

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

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Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

Arnall Golden Gregory LLP

Six Ways for Data-Driven Medical Device Companies to Implement Effective Privacy and Security Measures

The increasing amounts of health information being generated, stored and collected have heightened the special risks medical device manufacturers have long faced. In addition to the nexus to patient health and safety, if a...more

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