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

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

Conducted on Wednesday, November 20, 2019

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 new regulatory regimes like the GDPR and the California Consumer Privacy Act (CCPA).


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, valid, and enforceable data privacy and security provisions in contracts with their vendors.

Recent Capital One, Facebook, and Under Armour data security breaches demonstrate that all organizations may experience a breach. Data breaches put trade secrets, confidential information, and personal information of consumers and employees at risk--and expose businesses to liability. Sweeping new laws like the EU GDPR and the CCPA encourage businesses to implement robust privacy, data security, and risk allocation where personal data is 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 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 include in data privacy and security provisions to allocate and mitigate risk and withstand challenges to enforcement.



  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


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
  • Overcoming enforcement challenges


Lawrence, Amy
Amy Lawrence

Frankfurt Kurnit Klein & Selz

Ms. Lawrence advises clients across industries in privacy and data security matters involving the collection, storage,...  |  Read More

Nisenbaum, Alex
Alex C. Nisenbaum

Pepper Hamilton

Mr. Nisenbaum’s practice is focused on technology transaction and data privacy and security matters. He advises...  |  Read More

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