Data Privacy and Security Agreements: Defining, Allocating, and Mitigating Risks From Data Security Breaches

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


Conducted on Tuesday, March 9, 2021

Recorded event now available

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Program Materials

This CLE webinar 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 key regulatory regimes like the EU General Data Protection Regulation (EU GDPR), the UK General Data Protection Regulation (UK GDPR), the California Consumer Privacy Act (CCPA), and the latest California Privacy Rights Act of 2020 (CPRA).

Description

The amount of data businesses collect, new and evolving uses for data, and threats to data privacy and security continue to grow exponentially. There is an increased urgency for companies 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 EU GDPR, UK GDPR, CCPA, and CPRA 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 risks to data privacy and security 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
  • Privacy and data security contract terms most frequently included
  • Strategies for encouraging vendor compliance and overcoming enforcement challenges

Faculty

Bacal, Matthew
Matthew J. Bacal

Counsel
Davis Polk & Wardwell

Mr. Bacal is counsel in Davis Polk’s Corporate Department, practicing in the IP & Tech Transactions Group. He...  |  Read More

Forester, Daniel
Daniel F. Forester

Counsel
Davis Polk & Wardwell

Mr. Forester is counsel in Davis Polk's Corporate Department, practicing in the IP & Tech Transactions Group....  |  Read More

Kelly, Matthew
Matthew A. Kelly

Counsel
Davis Polk & Wardwell

Mr. Kelly is counsel in Davis Polk's Litigation Department, where he has represented clients in a variety of...  |  Read More

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

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