Personal data breach clause: Copy, customize, and use instantly
Introduction
A personal data breach clause outlines the responsibilities of the parties involved in the event of a data breach, particularly concerning personal data. It addresses notification requirements, corrective actions, and liability. This clause is designed to ensure that any breaches of personal data are handled promptly and in accordance with relevant laws, such as the GDPR or other data protection regulations.
Below are personal data breach clause templates tailored to various scenarios. Copy the one you need, customize it, and add it to your contract.
Standard personal data breach clause
This clause defines the general responsibilities in case of a personal data breach.
In the event of a personal data breach, the [receiving party] shall immediately notify the [disclosing party] of the breach, providing all necessary details, including the nature of the breach, the data involved, and the actions taken to mitigate the breach. The [receiving party] shall cooperate with the [disclosing party] to assess the impact and take corrective action, including notifying affected individuals and relevant authorities, as required by applicable data protection laws.
Personal data breach notification clause
This clause establishes the notification requirements for a breach.
The [receiving party] agrees to notify the [disclosing party] within [insert time frame, e.g., "72 hours"] of becoming aware of any personal data breach. The notification must include a description of the breach, the type of personal data involved, the steps taken to resolve the issue, and any actions required to mitigate harm to affected individuals.
Personal data breach response clause
This clause outlines the response to a personal data breach.
Upon discovering a personal data breach, the [receiving party] shall take immediate steps to contain the breach and prevent further unauthorized access or disclosure of personal data. The [receiving party] shall provide the [disclosing party] with regular updates on the actions taken, including any investigations or remediation efforts, and work to ensure compliance with applicable data protection laws.
Personal data breach remedy clause
This clause defines the actions to be taken for remedial measures.
In the event of a personal data breach, the [receiving party] shall promptly take all necessary remedial measures, including but not limited to securing the breached data, preventing further unauthorized access, and providing support for affected individuals. The [receiving party] shall also bear any costs associated with the remediation of the breach, including legal, regulatory, and notification costs.
Personal data breach indemnification clause
This clause addresses indemnification in case of a data breach.
The [receiving party] agrees to indemnify and hold harmless the [disclosing party] from any losses, damages, claims, or legal fees arising from a personal data breach caused by the [receiving party]'s failure to comply with data protection regulations or contractual obligations related to the handling of personal data. This indemnification shall apply to all actions taken by the [disclosing party] in response to the breach.
Personal data breach mitigation clause
This clause emphasizes mitigation efforts in the event of a breach.
In the event of a personal data breach, the [receiving party] shall take immediate and reasonable steps to mitigate any adverse effects on the individuals affected by the breach. The [receiving party] will cooperate with the [disclosing party] in notifying regulatory authorities and affected individuals as required under applicable data protection laws.
Personal data breach reporting to authorities clause
This clause specifies the reporting requirements to authorities.
The [receiving party] shall promptly report any personal data breach to the relevant data protection authorities within [insert time frame] of becoming aware of the breach. The [receiving party] shall assist the [disclosing party] in ensuring that any necessary reports are filed accurately and in accordance with applicable laws.
Personal data breach and affected individuals clause
This clause requires the notification of affected individuals.
If a personal data breach is likely to result in a high risk to the rights and freedoms of individuals, the [receiving party] shall ensure that affected individuals are notified without undue delay, in accordance with applicable data protection laws. The [receiving party] will provide the [disclosing party] with all relevant details of the notifications made.
Personal data breach audit clause
This clause allows for auditing after a data breach.
Following a personal data breach, the [disclosing party] may conduct an audit of the [receiving party]'s practices and procedures related to data protection to ensure compliance with applicable data protection laws and to assess the effectiveness of the response to the breach. The [receiving party] shall cooperate fully with such audits and take any necessary corrective actions.
Personal data breach cooperation clause
This clause outlines the cooperative efforts required between parties.
The [receiving party] agrees to cooperate fully with the [disclosing party] in investigating, managing, and responding to any personal data breach. The [receiving party] shall provide all necessary information and assistance in order to comply with the notification, investigation, and remediation requirements set forth in applicable data protection laws.
Personal data breach security review clause
This clause applies to security reviews following a breach.
After a personal data breach, the [receiving party] agrees to conduct a thorough security review to identify vulnerabilities or weaknesses in its data protection practices. The [receiving party] will take appropriate steps to address any identified weaknesses to prevent future breaches, and will provide the [disclosing party] with a report outlining the findings and corrective actions taken.
Personal data breach escalation clause
This clause applies to the escalation of the breach.
In the event of a personal data breach, if the [receiving party] is unable to resolve the breach within [insert time frame], the [receiving party] shall escalate the issue to senior management and provide the [disclosing party] with an updated status report. The [disclosing party] shall have the right to direct the response efforts to ensure compliance with data protection laws.
Personal data breach impact assessment clause
This clause applies to the assessment of breach impact.
The [receiving party] agrees to perform an impact assessment of any personal data breach within [insert time frame] of discovery. The impact assessment will include an analysis of the scope of the breach, affected data subjects, potential consequences, and the effectiveness of the mitigating measures taken. A summary of the assessment will be provided to the [disclosing party].
Personal data breach recovery clause
This clause addresses the recovery process.
The [receiving party] shall take immediate steps to recover from a personal data breach and restore the security of the affected data. This includes implementing any necessary system repairs, restoring lost or compromised data, and ensuring the breach does not reoccur. The [receiving party] will update the [disclosing party] on the recovery progress and the actions taken.
Personal data breach compliance clause
This clause ensures compliance with laws.
In the event of a personal data breach, the [receiving party] agrees to comply with all applicable data protection laws, including reporting requirements to regulatory bodies, notification to affected individuals, and cooperation with law enforcement or other authorities, as required. The [receiving party] will also assist the [disclosing party] in maintaining compliance throughout the breach response process.
Personal data breach legal responsibility clause
This clause specifies the legal responsibility for the breach.
The [receiving party] acknowledges that in the event of a personal data breach caused by their actions or negligence, they will bear full legal responsibility for the breach, including any fines, penalties, or liabilities imposed by regulatory authorities. The [receiving party] will indemnify the [disclosing party] for any costs or damages resulting from the breach.
Personal data breach prevention clause
This clause applies to preventing future breaches.
The [receiving party] shall implement reasonable and appropriate measures to prevent future personal data breaches, including enhancing data security protocols, conducting regular audits, and ensuring all employees are properly trained on data protection requirements. The [disclosing party] may request periodic updates on these measures to ensure continued compliance.
Personal data breach notification to supervisory authorities clause
This clause applies to notifying supervisory authorities.
If a personal data breach occurs, the [receiving party] agrees to notify the relevant supervisory authority within [insert time frame, e.g., "72 hours"] of becoming aware of the breach, in compliance with applicable data protection laws. The [disclosing party] will be provided with a copy of the notification submitted to the supervisory authority.
Personal data breach and third-party vendors clause
This clause applies when third-party vendors are involved in the breach.
If a personal data breach is caused by the actions of a third-party vendor or service provider, the [receiving party] shall be responsible for notifying the [disclosing party] and taking immediate action to address the breach. The [receiving party] will also work with the third-party vendor to mitigate the breach’s effects and comply with all legal requirements.
Personal data breach notification for international transfers clause
This clause applies to breaches involving international data transfers.
If a personal data breach involves the transfer of personal data across borders or to third countries outside of the [disclosing party]'s jurisdiction, the [receiving party] shall notify the relevant data protection authorities in those countries, and inform affected individuals as required. The [receiving party] will cooperate with the [disclosing party] to ensure compliance with applicable international data protection laws.
Personal data breach data minimization clause
This clause applies to data minimization after a breach.
Following a personal data breach, the [receiving party] agrees to minimize the amount of personal data exposed by immediately implementing steps to restrict access to the breached data, deleting unnecessary data, and ensuring that only the minimum amount of data required is used to resolve the breach and comply with regulatory requirements.
Personal data breach training clause
This clause applies to ongoing training for data breach prevention.
The [receiving party] agrees to provide regular training for its employees and contractors regarding the handling of personal data, potential risks, and the proper response to personal data breaches. This training will be updated annually and whenever significant changes to data protection laws or internal procedures occur.
Personal data breach tracking clause
This clause ensures tracking of the breach resolution process.
The [receiving party] shall track all steps taken in response to a personal data breach, including notifications, mitigation efforts, and corrective actions. A detailed record of these actions will be provided to the [disclosing party] upon request and will be available for auditing purposes.
Personal data breach risk assessment clause
This clause mandates conducting a risk assessment after a breach.
After any personal data breach, the [receiving party] shall conduct a risk assessment to evaluate the potential impact of the breach on data subjects and identify any vulnerabilities within the [receiving party]'s data handling processes. The results of the risk assessment will be shared with the [disclosing party] to guide further remediation efforts.
Personal data breach access control clause
This clause applies to controlling access during a breach.
The [receiving party] shall immediately restrict access to the personal data that has been affected by the breach to prevent further unauthorized access or disclosure. Only authorized personnel involved in managing the breach response will be allowed access to the affected data until the situation is resolved.
Personal data breach insurance clause
This clause applies to insurance coverage for data breaches.
The [receiving party] agrees to maintain adequate insurance coverage to cover potential financial losses, legal fees, and penalties arising from a personal data breach. The [receiving party] shall provide evidence of this insurance coverage to the [disclosing party] upon request.
Personal data breach audit trail clause
This clause ensures there is an audit trail for the breach.
The [receiving party] agrees to maintain an audit trail for all activities related to the personal data breach, including the identification of the breach, notification to authorities and individuals, and remedial actions taken. This audit trail will be provided to the [disclosing party] for review upon request.
Personal data breach corrective action clause
This clause requires corrective actions following a breach.
The [receiving party] agrees to take immediate corrective actions to prevent a recurrence of the personal data breach, including reviewing internal data protection procedures, strengthening security measures, and conducting additional staff training. A report detailing the corrective actions will be provided to the [disclosing party].
Personal data breach liability clause
This clause addresses liability in case of a data breach.
The [receiving party] acknowledges that they are fully liable for any personal data breach that results from their negligence or failure to comply with applicable data protection laws and this agreement. The [receiving party] shall indemnify the [disclosing party] for any financial losses or legal consequences arising from the breach.
Personal data breach third-party notification clause
This clause applies to notification of third parties involved in the breach.
If a personal data breach affects any third parties, such as service providers or partners, the [receiving party] shall notify these third parties without undue delay. The [disclosing party] will be informed of these notifications, and any necessary coordination will be carried out to ensure compliance with legal obligations.
Personal data breach cooperation with law enforcement clause
This clause applies to cooperation with law enforcement during a breach.
In the event of a personal data breach that involves potential criminal activity, the [receiving party] agrees to cooperate with law enforcement authorities, providing any relevant information or assistance needed to investigate the breach. The [disclosing party] will be kept informed of any actions taken in cooperation with law enforcement.
Personal data breach response time clause
This clause applies to the response time required after a breach.
The [receiving party] agrees to take immediate action following the discovery of a personal data breach. The [receiving party] shall notify the [disclosing party] within [insert time frame, e.g., "48 hours"] and take all reasonable steps to contain the breach, assess its impact, and notify affected individuals and relevant authorities as necessary.
Personal data breach impact monitoring clause
This clause applies to the ongoing monitoring of breach impacts.
After a personal data breach, the [receiving party] agrees to monitor the impact on affected data subjects and the security of the compromised data. The [receiving party] will work with the [disclosing party] to assess any ongoing risks and provide updates as new information becomes available.
Personal data breach containment clause
This clause requires prompt containment of the breach.
The [receiving party] shall take immediate steps to contain the breach, including halting any unauthorized access to the personal data, securing affected systems, and preventing any further damage. Any action taken to contain the breach will be reported to the [disclosing party] promptly.
Personal data breach data restoration clause
This clause applies to data restoration after a breach.
In the event of a personal data breach, the [receiving party] shall take all necessary steps to restore any lost or compromised data, ensuring that the personal data affected by the breach is fully recovered and securely protected from future breaches. The [disclosing party] will be kept informed of the restoration process.
Personal data breach breach classification clause
This clause applies to the classification of the breach's severity.
The [receiving party] will assess and classify the severity of the personal data breach based on the potential risk to the rights and freedoms of data subjects. The classification will guide the response efforts, including notification and mitigation measures, and will be shared with the [disclosing party] for review.
Personal data breach mitigation cost clause
This clause specifies the mitigation costs.
The [receiving party] will bear the costs associated with mitigating the effects of a personal data breach, including the costs of data recovery, legal fees, and notifications to affected individuals and relevant authorities. These costs will be reimbursed by the [receiving party] if they are found to be the result of their negligence or failure to comply with data protection obligations.
Personal data breach future prevention clause
This clause applies to future prevention efforts.
The [receiving party] agrees to take steps to prevent future personal data breaches, including reviewing and updating their security measures, data protection policies, and employee training. The [receiving party] shall implement any necessary changes to improve the security of personal data and will report the results of these efforts to the [disclosing party].
Personal data breach dispute resolution clause
This clause applies if a dispute arises from the breach.
In the event of a dispute between the [disclosing party] and the [receiving party] regarding a personal data breach, both parties agree to engage in good faith efforts to resolve the issue. If the dispute cannot be resolved through direct negotiation, the parties will submit to mediation or arbitration in accordance with the terms outlined in [insert relevant section].
Personal data breach reporting mechanism clause
This clause defines the breach reporting process.
The [receiving party] agrees to establish and maintain an internal mechanism for reporting personal data breaches to the [disclosing party] as soon as they are discovered. This mechanism will ensure timely and accurate reporting of breaches, providing the necessary details to the [disclosing party] for further action.
Personal data breach contractual compliance clause
This clause ensures compliance with contractual obligations related to breaches.
The [receiving party] agrees to comply with all obligations outlined in this agreement concerning personal data breaches. This includes taking corrective actions, notifying the [disclosing party] and affected individuals, and cooperating in any investigations or audits. The [disclosing party] has the right to take further action to ensure compliance.
Personal data breach communication clause
This clause applies to the communication process after a breach.
The [receiving party] agrees to maintain clear and continuous communication with the [disclosing party] regarding any personal data breach. This includes providing regular updates on the status of the breach resolution, the impact assessment, and any corrective actions taken. The [disclosing party] will also be informed of any changes in the breach's severity or scope.
Personal data breach data access clause
This clause applies to access restrictions during a breach.
Following a personal data breach, the [receiving party] shall restrict access to the affected data to only those individuals directly involved in managing the breach. Any unauthorized access will be immediately reported to the [disclosing party] and appropriate corrective actions will be taken to limit further exposure.
Personal data breach notification to regulators clause
This clause applies to regulatory notification requirements.
The [receiving party] agrees to notify the relevant data protection regulators or supervisory authorities within the legally required time frame, in the event of a personal data breach. The [disclosing party] shall be informed promptly of the notification and provided with a copy of the report submitted to regulators.
Personal data breach contractual obligations clause
This clause reinforces the parties' obligations after a breach.
In the event of a personal data breach, the [receiving party] agrees to fulfill all obligations outlined in this agreement related to data protection, including timely notification to the [disclosing party], affected individuals, and authorities. Any breach of these obligations will result in liability for the [receiving party].
Personal data breach information sharing clause
This clause governs the sharing of breach-related information.
The [receiving party] agrees to share all relevant information related to the personal data breach with the [disclosing party] as soon as it becomes available. This includes details of the breach, its cause, the scope of the impact, and the steps being taken to resolve the breach and prevent future occurrences.
Personal data breach security enhancement clause
This clause applies to post-breach security enhancements.
After a personal data breach, the [receiving party] agrees to enhance its data security measures to prevent similar breaches from occurring in the future. This may include upgrading software, improving internal processes, conducting additional employee training, and implementing more stringent access controls. The [disclosing party] will be provided with documentation on the updated security protocols.
Personal data breach damages clause
This clause addresses the financial implications of a breach.
In the event of a personal data breach, the [receiving party] agrees to be liable for all damages, including regulatory fines, penalties, legal fees, and compensation to affected individuals, arising from the breach. The [disclosing party] shall not be held responsible for any financial losses caused by the [receiving party]'s failure to prevent or manage the breach.
Personal data breach coordination clause
This clause ensures coordinated efforts during a breach.
The [receiving party] agrees to work in close coordination with the [disclosing party] in managing and responding to a personal data breach. This includes cooperating on the investigation, mitigation efforts, and any necessary notifications to affected individuals, regulators, or other parties involved.
Personal data breach incident report clause
This clause requires the preparation of a breach report.
Following a personal data breach, the [receiving party] shall prepare a detailed incident report that outlines the circumstances of the breach, the affected data, the actions taken to address the breach, and any corrective measures implemented. This report will be shared with the [disclosing party] within [insert time frame] of the breach's discovery.
Personal data breach auditing clause
This clause allows for post-breach audits.
After a personal data breach, the [disclosing party] has the right to audit the [receiving party]'s data handling practices, systems, and procedures to ensure compliance with applicable data protection laws and contractual obligations. The [receiving party] agrees to cooperate fully with any such audit.
Personal data breach notification procedure clause
This clause specifies the breach notification procedure.
The [receiving party] agrees to follow a set notification procedure in the event of a personal data breach, ensuring that the [disclosing party] is notified within the legally required time frame. The notification will include details about the breach, its potential impact, and the corrective actions taken or planned to address the breach.
Personal data breach risk mitigation clause
This clause applies to risk mitigation after a breach.
Following the discovery of a personal data breach, the [receiving party] agrees to immediately assess the risk of harm to data subjects and take all necessary steps to mitigate any potential adverse effects. The [disclosing party] will be kept informed of the steps taken to mitigate the risks and prevent further damage.
Personal data breach compensation clause
This clause specifies compensation for affected individuals.
In the event of a personal data breach that results in harm to data subjects, the [receiving party] agrees to provide compensation to affected individuals as required by applicable data protection laws. The [disclosing party] will assist the [receiving party] in determining the appropriate compensation mechanisms and calculating any potential liability.
Personal data breach transparency clause
This clause ensures transparency during the breach resolution process.
The [receiving party] agrees to maintain transparency regarding the personal data breach, providing the [disclosing party] with regular updates on the status of the breach, the steps being taken to address it, and any legal or regulatory consequences. The [disclosing party] will be informed of any significant developments as soon as they arise.
Personal data breach incident management clause
This clause applies to managing the breach incident.
The [receiving party] agrees to implement an incident management plan that includes specific steps for addressing a personal data breach. The [disclosing party] will be provided with a copy of the plan upon request, and both parties will work together to ensure that the breach is contained and resolved promptly.
Personal data breach notification in case of large-scale breaches clause
This clause applies to large-scale breaches.
If a personal data breach involves a large number of data subjects or highly sensitive data, the [receiving party] agrees to notify the [disclosing party] as soon as possible, including all necessary details for reporting to regulatory authorities and affected individuals, as required by law.
Personal data breach corrective measures clause
This clause addresses corrective actions following a breach.
The [receiving party] agrees to implement corrective measures following a personal data breach to address any weaknesses or vulnerabilities in its data protection practices. The [disclosing party] shall be informed of these corrective actions, and the [receiving party] will provide updates on their progress.
Personal data breach internal investigation clause
This clause applies to conducting an internal investigation.
The [receiving party] shall conduct a thorough internal investigation to determine the cause and extent of the personal data breach. The results of the investigation will be shared with the [disclosing party], and any remedial actions identified will be implemented promptly.
Personal data breach breach containment and recovery clause
This clause applies to containing and recovering from the breach.
Upon discovery of a personal data breach, the [receiving party] agrees to take immediate steps to contain the breach and prevent further unauthorized access to personal data. The [receiving party] shall work to recover any lost or compromised data and will notify the [disclosing party] of the recovery status.
Personal data breach regulatory cooperation clause
This clause applies to cooperation with regulatory authorities.
The [receiving party] agrees to cooperate fully with regulatory authorities in the event of a personal data breach, providing all necessary information and support as required under applicable data protection laws. The [disclosing party] will be notified of any regulatory inquiries or enforcement actions related to the breach.
Personal data breach liability for third-party vendors clause
This clause applies to vendor-related breaches.
If the personal data breach is caused by a third-party vendor or service provider, the [receiving party] agrees to notify the [disclosing party] and take immediate action to resolve the issue. The [receiving party] shall be responsible for any costs or damages associated with the breach caused by the third-party vendor.
Personal data breach documentation clause
This clause requires documentation of breach response actions.
The [receiving party] agrees to document all actions taken in response to a personal data breach, including notifications, investigations, and corrective measures. These documents will be made available to the [disclosing party] for review and for any necessary audits.
Personal data breach privacy impact assessment clause
This clause applies to conducting a privacy impact assessment.
In the event of a personal data breach, the [receiving party] agrees to conduct a privacy impact assessment to evaluate the potential impact of the breach on affected individuals' privacy. The assessment will be shared with the [disclosing party] and will guide the implementation of further preventive measures.
Personal data breach legal compliance clause
This clause ensures legal compliance in response to a breach.
The [receiving party] agrees to comply with all applicable data protection laws, including those requiring the notification of data breaches to supervisory authorities and affected individuals. The [disclosing party] will be informed of any legal obligations triggered by the breach and the steps taken to meet them.
Personal data breach continuous monitoring clause
This clause requires continuous monitoring of the data.
The [receiving party] agrees to implement continuous monitoring of affected systems and data following a personal data breach to detect any further unauthorized access or attempts to exploit the breached data. The [disclosing party] will be informed of any additional breaches detected during the monitoring period.
This article contains general legal information and does not contain legal advice. Cobrief is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.