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PLAYBOOK TEMPLATES
Security Addendum SOC 2 Compliance
A Security Addendum & SOC 2 Compliance Agreement supplements core contracts with detailed cybersecurity, audit, and compliance obligations. This playbook provides strategies for negotiating risk allocation, incident response, and certification evidence.
Compliance & Regulatory
Negotiation strategy
Ensure that compliance responsibilities are clearly defined and aligned with the company's risk management strategy. Negotiate for specific references to applicable laws and regulations to minimize legal exposure.
Advocate for mutual cooperation in compliance efforts to share the burden of regulatory adherence. Seek clarity in the allocation of responsibilities to avoid potential disputes.
Essential elements
1
Data Protection Compliance
Adherence to data protection laws.
2
Export Control Compliance
Compliance with export control laws.
3
Audit Support
Assistance in regulatory audits.
Action framework
ACCEPT
Propose edits when compliance responsibilities are vague or misaligned with current regulations.
EDIT
Reject clauses that fail to address critical compliance areas or lack mutual obligations.
ADD
Add language when compliance obligations are missing or insufficiently detailed.
PRO TIP
Regularly review and update compliance clauses to reflect changes in laws and industry standards.
Real-world examples
FAVORABLE
Preferred Compliance Clause
"Each party shall comply with all applicable laws, regulations, and standards relevant to its performance under this Agreement, including but not limited to data protection laws, export control regulations, and any other sector-specific requirements."
NEUTRAL
Fallback Compliance Clause
"Each party shall comply with applicable laws and regulations relevant to its performance under this Agreement."
UNFAVORABLE
Vague Compliance Obligations
"Parties agree to generally comply with relevant laws."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, ensure compliance clauses are robust and include specific audit support provisions to mitigate potential liabilities.
Cross-Border Transactions
For cross-border transactions, emphasize export control compliance and data protection measures to address jurisdictional differences.
Technology Agreements
In technology agreements, prioritize data protection compliance and ensure technical measures are clearly outlined.
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