A security and privacy addendum is a legally binding document that outlines the security and privacy obligations of the parties involved in a transaction.Data intensive online businesses generally display this as a separate section of their website. It is often used in conjunction with other contracts, such as service agreements or purchase orders, to ensure that the parties are aware of their responsibilities and that the information being shared is protected.
A security and privacy addendum typically includes the following provisions:
- Definitions: The addendum will define key terms, such as “confidential information” and “security breach.”
- Confidentiality obligations: The parties will agree to keep all confidential information confidential and to use it only for the purposes specified in the agreement.
- Security obligations: The parties will agree to take reasonable steps to protect confidential information from unauthorized access, use, or disclosure.
- Data breach notification: The parties will agree to notify each other promptly of any suspected or actual data breaches.
- Severability: If any provision of the addendum is held to be invalid or unenforceable, the remaining provisions will remain in effect.
A security and privacy addendum is an important tool for protecting confidential information and preventing data breaches. It is a good idea to have an attorney review the addendum before signing it to ensure that it meets your specific needs.
Here are some additional things to consider when drafting a security and privacy addendum:
- The type of information being shared: The more sensitive the information, the more stringent the security and privacy requirements should be.
- The duration of the agreement: The security and privacy obligations should be in effect for the duration of the agreement and for a reasonable period of time after the agreement ends.
- The remedies for breach: The parties should agree on specific remedies for breach of the security and privacy obligations, such as monetary damages or termination of the agreement.
By carefully drafting a security and privacy addendum, the parties can protect themselves from potential problems and ensure that the information being shared is protected.
If you need help drafting such an addendum or understanding your responsibilities pertaining to the same, please contact us at aemen@joshandmak.com
