Has anyone been successful negotiating a “breach notification costs” provision in contracts with vendors? What are some good args to include it? I feel like vendors generally flat out say “no”, but I have seen some contracts where vendors were willing to include it and I’m wondering how that happened 😁

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First understand what your own insurance covers.

Then understand what their insurance covers.

Then negotiate.

helpful

This is included in the vast majority of DPAs I have negotiated with vendors, but its usually subject to any negotiated privacy cap.

I’m sure it happens but I would laugh anybody who attempts such of a clause out of the building

I work in the health care field. Very common to see indemnification provisions for breach notifications costs related to HIPAA breaches. The breach costs are not logically associated with the cost of the services, so there are usually caps based on breach response cost per record and records accessed in the performance of services. We often require insurance policies in the $5M-$10M range if there will be extensive access.

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