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

Contractor’s Responsibility to Notify Members. The Contractor shall pay all costs to notify all Members whose State of Florida Data was accessed by any Breach, unauthorized access or transmission caused by the Contractor or its Subcontractors no later than thirty (30) Calendar Days after the determination of a Breach or reason to believe a Breach occurred. If the Contractor cannot identify the specific persons whose data may have been accessed, such notice shall be provided to all persons whose data reasonably may have been accessed. The Department shall pay all costs to notify such persons related to any Breach not caused by the Contractor or its Subcontractors. Nothing in this subsection will alter or replace the application of section 501.171, Florida Statutes, as to the Contractor’s obligations and liability for Breaches concerning confidential personal information.

Contractor’s Responsibility to Notify Members. The Contractor shall pay all costs to shall, at Contractor’s sole expense, notify all Members whose State of Florida Data was accessed by any Breach, unauthorized access or transmission is determined by the Department to have been caused by the Contractor or its Subcontractors no later than thirty (30) Calendar Days after the determination of a Breach or reason to believe a Breach occurred. If the Contractor cannot identify the specific persons whose data may have been accessed, such notice shall be provided to all persons whose data reasonably may have been accessed. The Department shall pay all costs to notify such persons related to any Breach determined by the Department to not have been caused by the Contractor or its Subcontractors. Nothing in this subsection will alter or replace the application of section 501.171, Florida Statutes, as to the Contractor’s obligations and liability for Breaches concerning confidential personal information.