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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 Security & Privacy
Negotiation strategy
Ensure the inclusion of specific security measures such as encryption and access controls. Advocate for compliance with GDPR, CCPA, or other relevant laws.
Negotiate for reasonable efforts to protect data, ensuring obligations are feasible and aligned with industry standards.
Essential elements
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Security Measures
Encryption and access controls.
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Compliance Obligations
Adherence to data protection laws.
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Breach Notification
Timely reporting of data breaches.
Action framework
ACCEPT
Propose edits to include specific security measures and compliance requirements.
EDIT
Reject if the clause lacks essential security measures or compliance obligations.
ADD
Add language for breach notification and jurisdiction-specific compliance.
PRO TIP
Regularly update the clause to reflect changes in data protection laws and industry standards.
Real-world examples
FAVORABLE
Robust Data Protection Clause
"The parties shall implement industry-standard security measures, including encryption and access controls, to protect personal data."
NEUTRAL
Basic Data Protection Clause
"The parties will use reasonable efforts to protect personal data in accordance with applicable laws."
UNFAVORABLE
Weak Data Protection Clause
"The parties agree to protect data as they see fit, without specific measures."
Alternative scenarios & positions
For projects involving sensitive data, enhance security measures and include detailed breach response plans.
Cross-Border Data Transfers
Ensure compliance with international data transfer regulations, such as Standard Contractual Clauses.
Cloud-Based Services
Include specific provisions for data security in cloud environments, addressing shared responsibility models.
Technology & DataPlaybook Template (Pro both parties)
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WEEK 3
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WEEK 4
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