THRD-03

Do the contracts in place with these third parties address liability in the event of a data breach?

Explanation

This question is asking whether your organization's contracts with third-party vendors or service providers explicitly address who is responsible (liable) if a data breach occurs involving the third party. In security and compliance, this is important because when you share data with third parties (like cloud providers, software vendors, contractors, etc.), you need clarity on who bears the financial and legal responsibility if that data is compromised while under their control. Without clear liability clauses, your organization might end up bearing costs that should be the responsibility of the third party. The question is being asked because: 1. Data breaches involving third parties are common and often costly 2. Clear liability terms help with incident response planning 3. Regulatory requirements (like GDPR, HIPAA, etc.) may hold your organization accountable even if a third party was at fault 4. It demonstrates your organization's due diligence in vendor risk management To best answer this question, you should: - Review your standard vendor contracts or master service agreements - Check for specific clauses addressing data breach liability, indemnification, and limitations of liability - Confirm whether these clauses adequately protect your organization - Note any exceptions or vendors operating under different terms

Example Responses

Example Response 1

Yes, all our contracts with third parties include specific clauses addressing liability in the event of a data breach Our standard contract language requires third parties to accept liability for breaches caused by their negligence or failure to follow agreed-upon security controls These contracts include indemnification clauses that require the third party to cover costs related to breach notification, credit monitoring, regulatory fines, and legal defense if the breach originated from their systems or due to their actions We also require third parties to maintain cyber liability insurance with coverage of at least $5 million per incident.

Example Response 2

Yes, our organization has implemented a tiered approach to third-party liability for data breaches For critical vendors with access to sensitive data, we require unlimited liability for data breaches and specific indemnification terms For medium-risk vendors, we negotiate liability caps based on contract value (typically 2-3x annual contract value) For low-risk vendors with minimal data access, we accept more standard liability limitations Our legal team reviews all contracts to ensure appropriate liability terms are included based on the data risk profile, and we maintain a centralized database tracking these terms for all vendors.

Example Response 3

No, we currently do not have consistent liability clauses addressing data breaches in our third-party contracts While some of our newer contracts include basic liability provisions, many of our legacy vendor relationships were established using standard contracts that don't specifically address data breach scenarios We recognize this as a gap in our vendor management program and are working with our legal team to develop standardized language for data breach liability We plan to implement these clauses in all new contracts and prioritize amendments to existing contracts based on the sensitivity of data shared with each vendor.

Context

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Organization
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Assessment of Third Parties

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