Contract Risk

Recent developments and modifications to the privacy rules and government enforcement suggest that a duty to assess the sufficiency of the vendor’s security program—and to take action when significant deficiencies are identified—now exists.

The first step in satisfying this duty is a thorough vendor contract review.

Cipriani & Werner’s privacy and cybersecurity team will evaluate and analyze the particulars of one vendor contract free of charge. Cipriani & Werner’s practice group will focus on the following seven critical areas that are vital to a vendor contract review:

• Vendor insurance screening criteria regarding additional insured analysis and coverage
• Seek consistency in the contractual provisions that hold the vendor fully accountable
• Secure provisions regarding warranties, indemnification, security, privacy and limitations of liability
• Review jurisdiction and arbitration provisions
• Secure contractual rights to audits and auditing reports
• Draft and review security incident obligations
• Ensure that a right to subrogation remains viable after a cyber incident

To request your free contract review, complete the email form on this page.