Privacy and Cybersecurity Provisions in Contracts: What the Terms Mean and Issues to Watch Out For
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Beginner
- work Practice Area
Cybersecurity and Data Privacy
- event Date
Wednesday, November 6, 2024
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE webinar will discuss common cybersecurity and privacy terms and conditions found in many commercial and technology contracts. The panel will explain the various terms and the importance of allocating and mitigating risks under the ever-changing legal and regulatory framework.
As the chair of the Data Privacy and Security practice area, Ms. Fulton dedicates her practice to advising businesses in developing comprehensive privacy and data security programs. She uses her experience as a Certified Information Privacy Professional (CIPP/US) to guide companies in navigating through state, federal, and international privacy laws and regulations. She leverages her expertise in data privacy to assist clients with a wide range of matters, including compliance counseling, risk management, incident response, and litigation. Ms. Fulton has extensive experience in performing data privacy and security due diligence for buyers and sellers in merger and acquisition transactions. She also assists clients in preparing for and remedying data breach incidents, including managing state-specific breach notifications and identifying the associated litigation risks. She also acts as interim privacy counsel when clients need additional support on privacy-related matters.
With a focus on representing middle-market technology companies in connection with their commercial endeavors, Mr. Horgan counsels clients on both the provider-side and the procurement-side of software, technology, and IP commercial transactions. He routinely handles transactions involving: software licensing, software distribution, software development, SaaS, PaaS, IaaS, cloud computing, outsourcing, ERP solutions, IoT, co-location arrangements, database licensing, artificial intelligence, NFTs, blockchain, mobile applications, patent and technology licensing, joint development arrangements, and IT professional services.
The legal and regulatory world of privacy and cybersecurity continues to evolve at a rapid pace and the number of data breaches and security threats continues to grow exponentially. The amount of data businesses collect, and the new and evolving uses for that data, mean that companies have an increased urgency to negotiate reasonable, valid, and enforceable data privacy and security provisions in their contracts with business partners and outside vendors.
The key consideration with privacy and cybersecurity contract terms is mitigating and allocating the risk of liability if a data or security breach occurs. Other essential clauses include security measure standards, insurance, indemnity, limitation of liability, information sharing and notifications, and ongoing compliance mechanisms.
Listen as our authoritative panel analyzes common privacy and cybersecurity terms in contracts and their interaction with other commercial agreement provisions. The panel will also identify potential pitfalls to avoid when reviewing agreements and advising clients on these issues.
- Overview: the growing patchwork of U.S. and global privacy and security regulations
- Critical clauses to address privacy and security risks in vendor and other third-party agreements
- Interaction of privacy, data security, and breach notification provisions with other commercial agreement terms
- Common issues and pitfalls to avoid based on real world examples and cases
- Practical considerations and key takeaways
The panel will review these and other key considerations:
- What are common privacy and security terms in contracts and how do they mitigate or allocate the parties' risk of exposure in the event of a data breach?
- How do privacy and data security terms interact with other commercial agreement provisions?
- What are pitfalls to avoid when reviewing contracts containing privacy and cybersecurity terms?
- How should attorneys navigate data privacy and cybersecurity agreements when the law is continuing to evolve?
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