DATA-06

Are ownership rights to all data, inputs, outputs, and metadata retained even through a provider acquisition or bankruptcy event?

Explanation

This question is asking whether your organization maintains ownership rights to all data (including raw data, processed data, and metadata) even if your cloud/service provider goes through a major business change like being acquired by another company or declaring bankruptcy. Why this matters: In a security assessment, this question addresses business continuity and data governance risks. If your provider is acquired or goes bankrupt, there's a risk your data could be considered an asset of the provider that could be transferred, sold, or made inaccessible. Without clear contractual protections, you might lose access to or control over your own data during these events. The question aims to ensure you have contractual safeguards in place that explicitly state your organization retains full ownership of all data regardless of what happens to the provider. This includes: 1. Primary data you upload or create 2. Inputs (data fed into systems) 3. Outputs (results, reports, processed data) 4. Metadata (data about your data, usage patterns, etc.) To best answer this question, you should: - Review your service agreements and contracts with providers - Check for specific clauses addressing data ownership during acquisition or bankruptcy - Ensure these clauses cover ALL types of data mentioned above - Verify there are provisions for data return/migration in these scenarios - Confirm there are no clauses that could compromise your ownership rights

Example Responses

Example Response 1

Yes, our organization maintains full ownership rights to all data, inputs, outputs, and metadata in all circumstances, including provider acquisition or bankruptcy This is explicitly stated in Section 8.3 of our Master Service Agreement with all cloud providers The agreement includes specific language that: (1) all customer data remains the exclusive property of our organization; (2) providers must return or securely transfer all data upon request in the event of acquisition or bankruptcy; (3) providers cannot claim any ownership rights to our data as part of bankruptcy proceedings; and (4) we maintain the right to access and export all data types at any time We also require providers to notify us at least 90 days in advance of any potential acquisition or bankruptcy filing to allow for data migration if necessary.

Example Response 2

Yes, we retain full ownership rights to all data under all circumstances Our legal team has implemented robust data ownership clauses in all vendor contracts that specifically address provider acquisition and bankruptcy scenarios These clauses explicitly state that all customer data (including inputs, outputs, and metadata) remains our sole property and cannot be considered provider assets during bankruptcy proceedings Our contracts also require providers to maintain escrow arrangements with third parties that ensure continued data access and the ability to migrate data should the provider undergo acquisition or bankruptcy We conduct annual reviews of these contractual protections with our legal counsel to ensure they remain comprehensive and enforceable under current laws.

Example Response 3

No, our current service agreements have limitations regarding data ownership during provider bankruptcy While our contracts clearly establish our ownership of primary data and outputs during normal operations and acquisitions, they do not specifically address metadata ownership rights during bankruptcy proceedings Our legal team is currently working to update our Master Service Agreement template to include comprehensive language covering all data types under all business scenarios, including bankruptcy In the interim, we've implemented technical controls to regularly back up all critical data to our own infrastructure and are developing a contingency plan for rapid data migration should any of our key providers face financial instability.

Context

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Neil Cameron