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PLAYBOOK TEMPLATES
Data Processing Agreement (DPA)
A DPA outlines obligations between data controllers and processors regarding the handling of personal data under privacy laws. This playbook discusses key terms including processing scope, security measures, and cross-border transfers.
Data Breach Notification
Negotiation strategy
Ensure the clause includes a notification timeline of no more than 72 hours and specifies clear remediation steps. Advocate for cooperation protocols to be well-defined to facilitate a coordinated response.
Negotiate for reasonable notification timelines that consider the complexity of breach detection. Ensure that remediation steps are feasible and that cooperation protocols do not impose undue burdens.
Essential elements
1
Notification Timeline
Report breaches within 72 hours.
2
Remediation Steps
Outline specific corrective actions.
3
Cooperation Protocols
Define roles and responsibilities.
Action framework
ACCEPT
Propose edits to ensure compliance with jurisdiction-specific requirements and adjust timelines as necessary.
EDIT
Reject clauses that lack clear timelines or impose unreasonable burdens.
ADD
Add language for jurisdiction-specific compliance and detailed remediation steps.
PRO TIP
Always align breach notification clauses with the latest regulatory requirements to avoid penalties.
Real-world examples
FAVORABLE
Comprehensive Breach Notification Clause
"The Contractor shall notify the Company of any data breach within 72 hours, detailing the nature of the breach and steps taken to mitigate it."
NEUTRAL
Standard Notification Clause
"The Contractor agrees to notify the Company of any data breach in a timely manner."
UNFAVORABLE
Vague Notification Requirements
"The Contractor will notify the Company of data breaches as soon as possible."
Alternative scenarios & positions
For contracts involving high-sensitivity data, ensure the notification timeline is shorter and includes immediate containment measures.
Cross-Border Data Transfers
In scenarios involving cross-border data transfers, ensure compliance with international data protection laws and adjust notification protocols accordingly.
Small Business Considerations
For small businesses, negotiate for flexible timelines that account for limited resources while maintaining compliance.
Technology & DataPlaybook Template (Pro both parties )
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WEEK 2
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WEEK 3
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WEEK 4
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