An SLA establishes measurable service performance standards between provider and customer. This playbook explains methods to draft enforceable metrics, remedies for non-performance, and escalation procedures.
Why This Matters: Protects the organization from regulatory penalties and reputational harm due to data breaches. Clarifies party responsibilities and mitigates legal exposure under common law.
Negotiation strategy
If you're the Company:
Ensure that the contract includes comprehensive data protection clauses that align with the latest legal standards. Advocate for clear definitions of roles and responsibilities to minimize liability.
If you're the Contractor:
Negotiate for reasonable security measures that are feasible to implement. Seek to limit liability by clarifying the scope of responsibilities and ensuring mutual compliance obligations.
Essential elements
1
Data Protection Compliance
Adherence to data protection laws.
2
Breach Notification
Timely reporting of data breaches.
3
Roles and Responsibilities
Define data controller and processor roles.
Action framework
ACCEPT
Propose edits when clauses lack specific security measures or breach notification timelines.
EDIT
Reject clauses that do not comply with mandatory data protection laws or expose the company to undue risk.
ADD
Add clauses when data protection requirements are absent or insufficiently detailed.
PRO TIP
Regularly review and update data protection clauses to reflect changes in laws and technology.
Example clauses
FAVORABLE
Comprehensive Data Protection Clause
"The Parties shall comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and any other relevant privacy laws. Each Party shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk."
NEUTRAL
Basic Compliance Clause
"The Parties agree to comply with applicable data protection laws."
UNFAVORABLE
Vague Data Protection Obligations
"The Parties will try to protect data as best as they can."
Fallbacks
High-Risk Projects
For projects involving sensitive data, additional security measures and stricter compliance requirements should be implemented to mitigate risks.
Cross-Border Data Transfers
Ensure compliance with international data transfer regulations, such as Standard Contractual Clauses, to avoid legal complications.
Small-Scale Operations
For smaller operations, focus on scalable security measures that provide adequate protection without overburdening resources.
FEATURED SOLUTIONS
Contract Email Agent
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Negotiate with confidence using DocJuris’s AI-powered suggestions. Pick a suggested action to balance or lean specific terms in favor of a party. Or, quickly make a clause mutual or simpler with a single click without the back-and-forth.
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Unlike complex CLMs with long implementations and steep learning curves, DocJuris is built for speed and simplicity. We integrate with your workflow—whether connecting to a CLM or uploading agreements manually—so you're up and running in days, not months.
WEEK 1
CLM Readiness and Design
Our CX team works with you to understand your contracting challenges, prioritize key workflows, and identify the biggest impact areas. We build a tailored implementation plan that fits your needs.
WEEK 2
Install Module
We connect DocJuris to your contract repositories, set up admin and user accounts, and ensure your environment is ready for success.
WEEK 3
Deliver & Test
Your team builds initial playbooks, reviews existing clause libraries, and trains the DocJuris agent to align with your internal standards and negotiation positions.
WEEK 4
Launch
We support you in rolling out DocJuris to a pilot group or your full organization—with launch materials, training, and hands-on support to drive adoption from day one.
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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.