It’s an event familiar now. A prominent hack, with thousands, sometimes millions, of accounts containing vital personal information breached. Then, while the public starts blaming North Korea or Russia, the hacked organization falls under siege. Customers and service providers become terrified and start banging on the proverbial doors. Hopefully, the hacked organization thought carefully about drafting their data security provisions (DSPs). Due to the sensitivity of information and the related reputational costs of a data breach, companies now expect that their contracts will include DSPs. The following outlines some of the key elements and considerations in drafting DSPs.
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