How can you simplify your contracts' data security clauses?

1 Review the data types

Before you draft or negotiate a data security clause, you need to understand what types of data are involved in the contract, how they are classified, and what risks they pose. For example, you may need to distinguish between personal data, confidential data, and public data, and apply different levels of protection and obligations accordingly. You should also consider the source, destination, and purpose of the data, and whether there are any specific laws or regulations that apply to them, such as the GDPR, HIPAA, or PCI DSS.

2 Use standard templates

One way to simplify your data security clauses is to use standard templates that cover the most common scenarios and issues. For example, you can use the ISO/IEC 27018 standard for cloud service contracts, or the NIST SP 800-53 framework for federal contracts. You can also create your own templates based on your industry best practices, policies, and preferences. Using standard templates can help you save time, avoid errors, and ensure consistency across your contracts. However, you should also be flexible and ready to adapt or modify them if needed.

3 Align the expectations

Another way to simplify your data security clauses is to align the expectations and responsibilities of all the parties involved in the contract. For example, you can define the roles and obligations of the data controller, the data processor, and the data sub-processor, and specify how they will communicate, cooperate, and report on data security matters. You can also agree on the security measures, standards, and audits that each party will implement and follow, and how they will handle any breaches, incidents, or disputes.

5 Seek expert advice

Finally, if you are unsure or need help with simplifying your data security clauses, you should seek expert advice from a lawyer, a data security consultant, or a contract management professional. They can help you understand the legal and technical aspects of data security, review and draft your data security clauses, and negotiate and resolve any issues or conflicts with your counterparts. They can also help you monitor and enforce your data security clauses, and deal with any changes or challenges that may arise.

6 Here’s what else to consider

This is a space to share examples, stories, or insights that don’t fit into any of the previous sections. What else would you like to add?