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PLAYBOOK TEMPLATES
HIPAA Business Associate Agreem
A HIPAA Business Associate Agreement establishes privacy and security obligations for handling protected health information. This playbook reviews compliance controls, breach notification, and indemnification provisions.
Confidentiality & Non-disclosure
Negotiation strategy
Ensure the confidentiality clause is comprehensive, covering all types of sensitive information and specifying a reasonable duration for confidentiality obligations.
Negotiate for clear definitions of what constitutes confidential information and seek reasonable exceptions for disclosures required by law.
Essential elements
1
Confidential Information Definition
Defines what is considered confidential.
2
Duration of Obligation
Specifies how long confidentiality lasts.
3
Permitted Disclosures
Outlines exceptions to confidentiality.
Action framework
ACCEPT
Propose edits if the clause lacks clarity on the scope of confidential information or the duration is too short.
EDIT
Reject if the clause does not adequately protect sensitive information or lacks necessary exceptions.
ADD
Add language to ensure compliance with specific regulations like HIPAA or GDPR.
PRO TIP
Always ensure the confidentiality clause aligns with industry standards and regulatory requirements.
Real-world examples
FAVORABLE
Preferred Clause
"The Receiving Party shall maintain the confidentiality of the Disclosing Party's Confidential Information for a period of five (5) years following the termination of this Agreement, except as required by law or with the Disclosing Party's prior written consent."
NEUTRAL
Standard Clause
"Confidential Information shall be protected for three (3) years post-termination, with exceptions for legal disclosures."
UNFAVORABLE
Weak Clause
"Confidential Information is protected only during the term of the agreement, with no post-termination obligations."
Alternative scenarios & positions
High-Risk Projects
In high-risk projects, extend the duration of confidentiality obligations to ensure long-term protection of sensitive data.
Cross-Border Transactions
Consider additional language to address data transfer and protection across different jurisdictions.
Joint Ventures
Include specific provisions for shared confidential information and joint ownership of data.
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WEEK 2
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WEEK 3
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WEEK 4
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