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Data Privacy and Security Agreements: Allocating and Mitigating Risks of a Breach; Maintaining Regulatory Compliance

Recording of a 90-minute CLE video webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Tuesday, March 26, 2024

Recorded event now available

or call 1-800-926-7926

This CLE course will provide business counsel with tactics for drafting and enforcing data privacy and security agreements in the wake of the ever-increasing incidence of data security breaches. The speakers will address contractual provisions for allocating and mitigating risk and compliance with respect to artificial intelligence and with key regulatory regimes including the CCPA, CPRA, and other recently passed state laws.

Description

The amount of data businesses collect, new and evolving uses for data, and data privacy and security threats continue to grow exponentially. Companies have an increased urgency to negotiate reasonable, valid, and enforceable data privacy and security provisions in contracts with their vendors.

Recent high profile data security breaches demonstrate that any organization may experience a breach. Data breaches put trade secrets, confidential information, and the personal information of consumers and employees at risk--and expose businesses to liability. Sweeping laws like the CCPA, CPRA, EU-U.S. Data Privacy Framework, and other recently passed state laws encourage businesses to implement robust privacy, data security, and risk allocation where personal data is stored, 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 security measure standards, insurance, indemnity, and limitation of liability.

Listen as our panel of seasoned data privacy attorneys explains best practices for drafting data privacy and security provisions in vendor agreements. They will discuss evolving data privacy and security risks and specific clauses to allocate and mitigate risk and encourage vendor compliance.

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Outline

  1. Lessons for businesses from recent data security breaches
  2. Critical clauses to address privacy and security risks in vendor agreements
  3. Enforcing privacy and security provisions in vendor contracts

Benefits

The panel will review these and other high priority issues:

  • Best practices to mitigate risk when drafting data privacy and security provisions in vendor agreements
  • Most frequently included privacy and data security contract terms
  • Strategies for encouraging vendor compliance and overcoming enforcement challenges
  • Learn real world techniques for mitigating risk

Faculty

Overly, Michael
Michael R. Overly

Partner
Foley & Lardner

Mr. Overly focuses his practice on drafting and negotiating technology related agreements, software licenses, hardware...  |  Read More

Ross, Susan
Susan L. Ross

Senior Counsel
Norton Rose Fulbright US

Ms. Ross’ practice focused on technology and U.S. privacy matters. Her extensive experience with technology and...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include course handouts.

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