DATA BREACH RESPONSIBILITIES. This Section only applies when a Data Breach occurs. Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of a Data Breach or other events requiring notification in accordance with DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request). In the event of a Data Breach or other event requiring notification under applicable law (Utah Code § 00-00-000 thru 301 et al), Contractor shall: (a) cooperate with DTS by sharing information relevant to the Data Breach; (b) promptly implement necessary remedial measures, if necessary; (c) document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in relation to the Data Breach; and (d) in accordance with applicable laws indemnify, hold harmless, and defend DTS and the State of Utah against any claims, damages, or other harm related to such Data Breach. If the Data Breach requires public notification, all communication shall be coordinated with DTS. Contractor shall be responsible for all notification and remedial costs and damages.
DATA BREACH RESPONSIBILITIES. Contractor shall comply with all applicable laws that require the notification of individuals in the event of a Data Breach or other events requiring notification(DTS Policy 5000-0002
DATA BREACH RESPONSIBILITIES. The following subsection describes the Contractor’s supplemental responsibilities that apply when a Data Breach is suspected or occurs with respect to Personally Identifiable Information or City Confidential Information within the possession, custody or control of Contractor.
(1) The Contractor, unless stipulated otherwise (including in the Data Handling Controls), shall immediately notify the appropriate City identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a Security Incident.
(2) The Contractor, unless stipulated otherwise, shall promptly notify by telephone the appropriate City identified contact as soon as reasonably possible but no later than four (4) hours, unless shorter time is required by applicable law (or by another section of the Contract), if it confirms that there is, or reasonably believes that there has been a Data Breach. The Contractor shall (1) cooperate with the City as reasonably requested by the City to investigate and resolve the Data Breach, (2) promptly implement necessary remedial measures, and (3) document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the Services.
(3) Unless otherwise stipulated, if a Security Incident or a Data Breach is a direct result of the Contractor’s breach of its Contract obligations, the Contractor shall bear all costs to remedy, including but not limited to (1) the investigation and resolution of the Security Incident or the Data Breach; (2) notifications to individuals, regulators or others required by state law; (3) a credit monitoring service required by state (or federal) law; (4) establishing a website or a toll- free number and call center for affected individuals required by state law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause analysis.
DATA BREACH RESPONSIBILITIES. This Section only applies when a Data Breach occurs. Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of a Data Breach or other events requiring notification in accordance with DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request). In the event of a Data Breach or other event requiring notification under applicable law (Utah Code
DATA BREACH RESPONSIBILITIES. This Section only applies when a Data Breach occurs. Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of a Data Breach or other events requiring notification. In the event of a Data Breach or other event requiring notification, Contractor shall:
a. cooperate with the Eligible User by sharing information relevant to the Data Breach;
b. promptly implement necessary remedial measures, if necessary;
c. document responsive actions taken related to the Data Breach, including any post- incident review of events and actions taken to make changes in business practices in relation to the Data Breach; and
d. in accordance with applicable laws indemnify, hold harmless, and defend the State of Wisconsin and/or Participating Entity against any claims, damages, or other harm related to such Data Breach. If the Data Breach requires public notification, all communication shall be coordinated with the Purchasing Entity or designee. Contractor shall be responsible for all notification and remedial costs and damages where Contractor was gross negligent, reckless, or intentional conduct.
DATA BREACH RESPONSIBILITIES. This Section only applies when a Data Breach occurs. Contractor agrees to comply with all applicable laws that require the notification of individuals in the event of a Data Breach or other events requiring notification in accordance with DTS Policy 5000-0002 Enterprise Information Security Policy (copy available upon request). In the event of a Data Breach or other event requiring notification under applicable law (Utah Code § 00-00-000 thru 301 et al), Contractor shall: (a) cooperate with the Eligible User by sharing information relevant to the Data Breach; (b) promptly implement necessary remedial measures, if necessary; (c) document responsive actions taken related to the Data Breach, including any post-incident review of
DATA BREACH RESPONSIBILITIES. This section only applies when a Data Breach occurs with respect to Personal Data within the possession or control of the Contractor and related to the Service provided under the Master Agreement, Participating Addendum, or SLA.
a. The Contractor shall (1) cooperate with the Purchasing Entity as reasonably requested by the Purchasing Entity to investigate and resolve the Data Breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services, if deemed necessary in Contractor’s reasonable opinion.
b. Unless otherwise stipulated, to the extent a Data Breach is a direct result of Contractor’s breach of its legal or contractual obligations to prevent the release of Purchasing Entity Data as set forth in the Master Agreement, the Contractor shall bear the following costs (“Data Breach Costs”) associated with (1) Contractor’s investigation and resolution of the Data Breach; (2) notifications to individuals, regulators or others required by federal and state laws or as otherwise agreed to; (3) a credit monitoring service, if required by state (or federal) law; (4) a website or a toll-free number and call center for affected individuals required by federal and state laws, if required by federal and state laws — all not to exceed the average per record per person cost calculated for data breaches in the United States (currently $217 per record/person) in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the Data Breach; and (5) taking all corrective actions as reasonably determined by Contractor based on root cause. This Section 5.b states Contractor’s entire obligation and State’s sole and exclusive remedy for damages and expenses related to a Data Breach.
DATA BREACH RESPONSIBILITIES. A. If the Contractor reasonably believes or has actual knowledge of a Data Breach, the Contractor shall, unless otherwise directed:
1) Notify the appropriate State-identified contact within 24 hours by telephone in accordance with the agreed upon security plan or security procedures unless a shorter time is required by applicable law;
2) Cooperate with the State to investigate and resolve the data breach;
3) Promptly implement commercially reasonable remedial measures to remedy the Data Breach; and
4) Document responsive actions taken related to the Data Breach, including any post-incident review of events and actions taken to make changes in business practices in providing the services.
B. If a Data Breach is a direct result of the Contractor’s breach of its PA obligation to encrypt State data or otherwise prevent its release, the Contractor shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifications to individuals, regulators or others required by State law; (3) a credit monitoring service required by State or federal law; (4) a website or a toll-free number and call center for affected individuals required by State law; and (5) complete all corrective actions as reasonably determined by Contractor based on root cause; all [(1) through (5)] subject to the PA’s limitation of liability.
DATA BREACH RESPONSIBILITIES. A. This section only applies when a data breach occurs with respect to Confidential Data within the possession or control of the Provider.
B. The Provider, unless stipulated otherwise, shall immediately notify the appropriate State- identified contact by telephone in accordance with the agreed upon security plan or security procedures if it reasonably believes there has been a security incident.
C. The Provider, unless stipulated otherwise, shall promptly notify the appropriate State- identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is, or reasonably believes that there has been, a data breach. The Provider shall (1) cooperate with the State to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and
DATA BREACH RESPONSIBILITIES. RESERVED
