Data Protection Contracts
There may be no more confusing and misunderstood area of controller-processor contracts than insurance and indemnification. Controllers often expect processors to accept liability, while ignoring the quality (or existence) of processors’ underlying insurance coverage. Processors, on the other hand, often buy insurance products that provide minimal or no protection to meet those controller expectations. This…
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This is the second blog in an ongoing series examining the often-overlooked nuances of data controller/data processor contracts. Regulatory alignment is one of the primary reasons regulations require contracts between data controllers and data processors. And, yet, despite its primacy, many contracts make the mistake of establishing this linkage with an overly simplistic clause stating…
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This blog explains why and when organizations should require contracts with service providers that have access to customer or employee personal information. One of the most underappreciated aspects of data controller/data processors contracts is when they are needed. This results from either 1) a lack of awareness of their necessity, or 2) the failure to…
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