The Data Security Agreement serves as a critical document in today's data-driven business environment, particularly under U.S. federal and state regulations. This agreement is essential when organizations share, process, or store sensitive data, establishing clear security protocols, breach notification procedures, and compliance requirements. It addresses various regulatory frameworks including HIPAA, GLBA, and state-specific data protection laws, while providing a framework for managing data security risks and responsibilities between parties.
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1. Parties: Identification of contracting parties
2. Background: Context and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Data Security Requirements: Specific security measures and standards to be implemented
5. Incident Response: Procedures for handling security incidents and breaches
6. Confidentiality Obligations: Requirements for maintaining data confidentiality
7. Term and Termination: Duration and termination conditions
1. International Data Transfers: Requirements for cross-border data transfers when data will be transferred internationally
2. Insurance Requirements: Specific insurance coverage requirements when additional risk protection is needed
3. Subcontractor Requirements: Rules for engaging third-party service providers when subcontractors will have access to data
1. Security Controls Matrix: Detailed technical and organizational security measures
2. Data Processing Schedule: Details of data types, processing activities, and purposes
3. Incident Response Plan: Detailed procedures for security incident handling
4. Compliance Certifications: Copies of relevant security certifications
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