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PLAYBOOK TEMPLATES

Public Relations (PR) Agency Agreement

A PR Agency Agreement defines the scope of public relations services, deliverables, and media obligations. This playbook examines confidentiality, approval rights, and crisis response provisions.

Data Protection & Privacy

Why This Matters: Strong data protection safeguards against regulatory fines, consumer lawsuits, and reputational damage arising from data breaches or non-compliance.

Negotiation strategy

If you're the Client:

Ensure that the contract includes comprehensive data protection clauses that align with your internal policies and regulatory requirements. Insist on regular audits and breach notifications to maintain oversight.

If you're the Service Provider:

Negotiate for reasonable security measures that are proportionate to the risk and ensure compliance with applicable laws. Be prepared to demonstrate your data protection capabilities during audits.

Essential elements

1

Security Measures

Technical and organizational safeguards.
2

Compliance Obligations

Adherence to GDPR/CCPA laws.
3

Breach Notification

Timely reporting of data breaches.

Action framework

ACCEPT

Propose edits if the clause lacks specific security measures or compliance references.

EDIT

Reject if the clause fails to meet basic data protection standards.

ADD

Add language for jurisdiction-specific compliance or additional security requirements.

PRO TIP

Regularly review and update data protection clauses to reflect changes in laws and technology.

Example clauses

FAVORABLE

Comprehensive Data Protection Clause

"The Vendor shall implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk, including inter alia as appropriate: (a) the pseudonymization and encryption of personal data; (b) the ability to ensure the ongoing confidentiality, integrity, availability, and resilience of processing systems and services; (c) the ability to restore the availability and access to personal data in a timely manner in the event of a physical or technical incident; (d) a process for regularly testing, assessing, and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing."
NEUTRAL

Basic Compliance Statement

"The Vendor agrees to comply with all applicable data protection laws."
UNFAVORABLE

Lack of Specificity

"The Vendor will try to protect data as best as possible."

Fallbacks

High-Risk Data Processing

In scenarios involving sensitive data, additional security measures and stricter compliance checks are necessary to mitigate risks.

Cross-Border Data Transfers

Ensure clauses address international data transfer requirements, including standard contractual clauses or binding corporate rules.

Third-Party Subprocessors

Include provisions for the use of subprocessors, ensuring they meet the same data protection standards as the primary vendor.
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