Common use of Contractor’s Responsibility to Notify Department Clause in Contracts

Contractor’s Responsibility to Notify Department. Notwithstanding any provision of this Contract to the contrary, the Contractor shall notify the Department as soon as possible and in all events immediately upon discovering any Breach or Incident regarding State of Florida Data; any unauthorized Access of State of Florida Data (even by persons or companies with authorized Access for other purposes); any unauthorized transmission of State of Florida Data; or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one Participant or the entire population. The notification shall be clear and conspicuous and include a description of the following: a. The incident in general terms. b. The type of personal information that was subject to the unauthorized Access and acquisition. c. The number of individuals who were, or potentially have been affected by the Breach or Incident. d. The actions taken by the Contractor to protect the State of Florida Data information from further unauthorized Access. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the Breach. Upon becoming aware of an alleged Breach or Incident, the Contractor shall set up a conference call (via a telephone call and email) with the Department’s Contract Manager and any necessary Contractor parties. The conference call invitation shall contain a brief description of the nature of the event. When possible, a 30-minute notice shall be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call shall be scheduled. All available information shall be shared on the call. The Contractor shall answer all questions based on the information known at that time and shall answer additional questions as additional information becomes known. The Contractor shall provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a Breach or Incident outside of normal business hours, the Contractor shall notify the Department’s Contract Manager as soon as possible, and in all events, within 24 hours. The Contractor's failure to perform the obligations in this subsection 3.2.6.1 (Contractor’s Responsibility to Notify Department) shall also be an Event of Default, and will entitle the Department to recover any other damages it incurs arising from a failure to perform the obligations in this subsection (including any actual out-of-pocket expenses incurred by the Department to investigate and remediate the violation) and / or to pursue injunctive relief.

Contractor’s Responsibility to Notify Department. Notwithstanding any provision of this Contract to the contrary, the Contractor shall notify the Department as soon as possible and in all events immediately upon discovering within one business day in the event it discovers any Breach or Incident regarding State of Florida Data; Data is breached, any unauthorized Access access of State of Florida Data occurs (even by persons or companies with authorized Access access for other purposes); , any unauthorized transmission of State of Florida Data; , or any credible allegation or suspicion of a material violation of the above. This notification is required whether the event affects one Participant employee/retiree or the entire population. The notification shall be clear and conspicuous and include a description of the following: a. 1. The incident in general terms. b. 2. The type of personal information that was subject to the unauthorized Access access and acquisition. c. 3. The number of individuals who were, or potentially have been been, affected by the Breach or Incidentbreach. d. 4. The actions taken by the Contractor to protect the State of Florida Data information from further unauthorized Accessaccess. However, the description of those actions in the written notice may be general so as not to further increase the risk or severity of the Breachbreach. Upon becoming aware of an alleged Breach security breach or Incidentsecurity incident, the Contractor shall set up a conference call (via a telephone phone call and email) with the Department’s Contract Manager and any necessary Contractor partiesHMO, PPO or the third party administrator (Florida Blue, Inc., or its Department designated successor). The conference call invitation shall contain a brief description of the nature of the event. When possible, a 30-30 minute notice shall be given to allow Department personnel to be available for the call. If the designated time is not practical for the Department, an alternate time for the call shall be scheduled. All available information shall be shared on the call. The Contractor shall answer all questions based on the information known at that time and shall answer additional questions as additional information becomes known. The Contractor shall provide the Department with final documentation of the incident including all actions that took place. If the Contractor becomes aware of a Breach security breach or Incident security incident outside of normal business hours, the Contractor shall notify Department employees identified in the Department’s Contract Manager Security Plan as soon as possible, and in all events, within 24 hours. The Contractor's failure to perform the obligations in this subsection 3.2.6.1 (Contractor’s Responsibility to Notify Department) shall also be an Event of Default, and will entitle the Department to recover any other damages it incurs arising from a failure to perform the obligations in this subsection (including any actual out-of-pocket expenses incurred by the Department to investigate and remediate the violation) and / or to pursue injunctive reliefone business day.