PTHP-01

Do you have contractual agreements with third parties that require them to maintain standards and to comply with all regulatory requirements?

Explanation

This question is asking whether your organization has formal contractual agreements with third-party vendors or service providers that explicitly require them to maintain security standards and comply with relevant regulatory requirements when handling personal data on your behalf. Why it matters: When your organization shares data with third parties (like cloud providers, SaaS vendors, contractors, etc.), you remain responsible for how that data is protected. This is often called 'vendor risk management' or 'supply chain security.' Without proper contractual obligations, third parties might not handle data with the same care your organization would, potentially leading to data breaches, compliance violations, and reputational damage. Regulatory frameworks like GDPR, HIPAA, CCPA, and others specifically require organizations to ensure their third-party processors handle data appropriately. These contractual agreements serve as your legal protection and enforcement mechanism. How to best answer: Be specific about your third-party management program. Mention whether you have standard contract language or addendums for security and privacy requirements. Describe your vendor assessment process, how you incorporate regulatory requirements into contracts, and any ongoing monitoring you perform. If you use Data Processing Agreements (DPAs) or Business Associate Agreements (BAAs), mention those specifically. If you have different approaches for different types of vendors based on risk, explain that methodology.

Guidance

Inclusion of language in contractual agreements ensures third parties are aware of and have agreed to their obligations to maintain standards and comply with all regulatory requirements in regards to protection of personal data they handle on behalf of your organization.

Example Responses

Example Response 1

Yes, we maintain comprehensive contractual agreements with all third parties that process personal data on our behalf Our standard Master Service Agreement includes specific security and privacy clauses that require vendors to: (1) maintain industry-standard security controls aligned with ISO 27001 and SOC 2; (2) comply with all applicable laws and regulations including GDPR, CCPA, and industry-specific requirements; (3) promptly notify us of security incidents; (4) allow for security assessments and audits; and (5) implement appropriate technical and organizational measures to protect data For higher-risk vendors, we implement additional Data Processing Agreements (DPAs) with more stringent requirements Our legal and security teams review all contracts before signing, and we conduct annual compliance checks to verify ongoing adherence to these contractual obligations.

Example Response 2

Yes, we have implemented a tiered approach to third-party contractual agreements based on the sensitivity of data being processed All vendors sign our baseline security addendum requiring compliance with relevant regulations and industry standards For vendors handling sensitive or regulated data, we execute specific agreements like HIPAA Business Associate Agreements, GDPR Data Processing Agreements, or FedRAMP compliance requirements, as applicable Our procurement process includes a mandatory security review stage where our security team evaluates the vendor's capabilities and determines appropriate contractual requirements We maintain a vendor management database that tracks all contractual obligations and compliance status, with quarterly reviews for critical vendors and annual reviews for others Additionally, we include right-to-audit clauses and incident notification requirements in all contracts.

Example Response 3

No, we currently do not have standardized contractual agreements with all our third parties regarding security standards and regulatory compliance While our larger vendors and strategic partners have some security language in their contracts, we've primarily relied on their standard terms of service and privacy policies rather than implementing our own requirements We recognize this is a gap in our vendor management program, and we're currently working with legal counsel to develop standard security and compliance language to incorporate into new contracts and amendments We plan to prioritize our critical vendors that process sensitive data first, with a goal to have appropriate contractual protections in place for all third parties within the next 12 months In the interim, we're conducting informal security reviews of our most critical vendors.

Context

Tab
Privacy
Category
Privacy of Third Parties

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Neil Cameron