The Confidentiality And Security Agreement is essential when parties need to share sensitive information while ensuring both legal confidentiality obligations and specific security measures are in place. This agreement, governed by U.S. federal and state laws, is particularly relevant in today's digital environment where data protection is crucial. It extends beyond traditional NDAs by incorporating detailed security protocols, breach notification procedures, and specific technical requirements for data protection. The agreement is commonly used in technology transfers, strategic partnerships, vendor relationships, and employee agreements where sensitive information needs robust protection.
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1. Parties: Identification of the parties entering into the agreement
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including definition of Confidential Information
4. Obligations of Confidentiality: Core confidentiality obligations, permitted uses, and restrictions on disclosure
5. Security Measures: Required security protocols, safeguards, and data protection measures
6. Term and Termination: Duration of the agreement and conditions for termination
7. General Provisions: Standard legal provisions including governing law, jurisdiction, and entire agreement
1. Data Protection Compliance: Additional provisions for compliance with data protection laws (GDPR/CCPA) when personal data is involved
2. Industry-Specific Requirements: Special provisions for regulated industries such as healthcare (HIPAA) or financial services
3. Return or Destruction of Information: Specific procedures for handling confidential information upon termination
4. Breach Notification: Procedures and timelines for notifying of security incidents or unauthorized disclosures
1. Schedule 1 - Security Protocols: Detailed technical and organizational security measures required
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access confidential information
3. Schedule 3 - Data Categories: Detailed categorization of confidential information covered by the agreement
4. Schedule 4 - Incident Response Plan: Step-by-step procedures for handling and reporting security breaches
Relevant legal definitions
Clauses
Relevant Industries
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Relevant Roles
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