6
PLAYBOOK TEMPLATES
Outside Counsel Billing Guidelines
Outside Counsel Billing Guidelines set the standards for law firm engagement, billing, and matter management. This playbook details compliance expectations, expense policies, and audit rights.
Table of Contents
Confidentiality and Data Protection
Negotiation strategy
Ensure that confidentiality obligations are comprehensive and include specific data security standards. Negotiate for the inclusion of compliance measures that align with international data protection laws.
Advocate for reasonable limitations on liability related to data breaches. Ensure that any data protection obligations are feasible and within the scope of the services provided.
Essential elements
1
Confidentiality Obligations
Mandate strict confidentiality measures.
2
Data Security Standards
Implement technical and organizational measures.
3
Compliance Measures
Adhere to applicable data protection laws.
Action framework
ACCEPT
Propose edits if the clause lacks specific data security measures or compliance references.
EDIT
Reject if the clause fails to provide adequate protection for sensitive data.
ADD
Add language to address jurisdiction-specific data protection requirements.
PRO TIP
Always ensure that data protection clauses are updated to reflect the latest legal standards and technological advancements.
Example clauses
FAVORABLE
Preferred Confidentiality Obligations
"The Receiving Party shall keep all Confidential Information strictly confidential and shall not disclose such information to any third party without the prior written consent of the Disclosing Party, except as required by law or as necessary to perform its obligations under this Agreement."
NEUTRAL
Standard Data Security Measures
"The Receiving Party shall implement reasonable measures to protect Personal Data against unauthorized access."
UNFAVORABLE
Weak Confidentiality Clause
"The Receiving Party may disclose Confidential Information at its discretion."
Fallbacks
High-Risk Projects
In high-risk projects, enhance data protection measures to include regular audits and third-party assessments to ensure compliance.
Cross-Border Transactions
For cross-border transactions, ensure clauses address data transfer regulations and include mechanisms for data localization if required.
Cloud-Based Services
In cloud-based services, emphasize the need for encryption and access controls to protect data stored off-premises.
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DocJuris is not a law firm or a substitute for an attorney or law firm. We cannot provide any kind of advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options,selection of forms or strategies.