Privacy and Cybersecurity Provisions in Contracts: What the Terms Mean and Issues to Watch Out For
Recording of a 90-minute CLE video webinar
This CLE webinar will discuss common cybersecurity and privacy terms and conditions found in many commercial and technology contracts. The panel will explain the various terms and the importance of allocating and mitigating risks under the ever-changing legal and regulatory framework.
Outline
- Overview: the growing patchwork of U.S. and global privacy and security regulations
- Critical clauses to address privacy and security risks in vendor and other third-party agreements
- Interaction of privacy, data security, and breach notification provisions with other commercial agreement terms
- Common issues and pitfalls to avoid based on real world examples and cases
- Practical considerations and key takeaways
Benefits
The panel will review these and other key considerations:
- What are common privacy and security terms in contracts and how do they mitigate or allocate the parties' risk of exposure in the event of a data breach?
- How do privacy and data security terms interact with other commercial agreement provisions?
- What are pitfalls to avoid when reviewing contracts containing privacy and cybersecurity terms?
- How should attorneys navigate data privacy and cybersecurity agreements when the law is continuing to evolve?
Faculty
Maureen E. Fulton
Partner
Koley Jessen
As the chair of the Data Privacy and Security practice area, Ms. Fulton dedicates her practice to advising businesses... | Read More
As the chair of the Data Privacy and Security practice area, Ms. Fulton dedicates her practice to advising businesses in developing comprehensive privacy and data security programs. She uses her experience as a Certified Information Privacy Professional (CIPP/US) to guide companies in navigating through state, federal, and international privacy laws and regulations. She leverages her expertise in data privacy to assist clients with a wide range of matters, including compliance counseling, risk management, incident response, and litigation. Ms. Fulton has extensive experience in performing data privacy and security due diligence for buyers and sellers in merger and acquisition transactions. She also assists clients in preparing for and remedying data breach incidents, including managing state-specific breach notifications and identifying the associated litigation risks. She also acts as interim privacy counsel when clients need additional support on privacy-related matters.
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Jack Horgan
Shareholder
Koley Jessen
With a focus on representing middle-market technology companies in connection with their commercial endeavors, Mr.... | Read More
With a focus on representing middle-market technology companies in connection with their commercial endeavors, Mr. Horgan counsels clients on both the provider-side and the procurement-side of software, technology, and IP commercial transactions. He routinely handles transactions involving: software licensing, software distribution, software development, SaaS, PaaS, IaaS, cloud computing, outsourcing, ERP solutions, IoT, co-location arrangements, database licensing, artificial intelligence, NFTs, blockchain, mobile applications, patent and technology licensing, joint development arrangements, and IT professional services.
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