Planning for Breach Notification Requirements in Your Customer Contracts
As companies become more aware of — and liable for — breaches involving confidential data, they are seeing more negotiated provisions governing breaches, says a paper published by Nossaman LLP on JDSupra.
Some provisions require notice earlier than statutory requirements, notice in a particular manner, or specific information included with the notice, writes Nossaman partner Brendan Macaulay. Those provisions are often accompanied by indemnity provisions that can be burdensome and open-ended.
He advises companies to re-examine those indemnification provisions and scale back open-ended obligations in light of the current data breach and regulatory environment.
