has anyone seen/included opt out requirements in vendor agreement? for example, we have a vendor that will touch our clients’ sensitive information. if we receive and pass on an opt out request, the vendor is contractually required to opt that clients data as well and segregate/remove/destroy that data. thoughts?

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That is pretty standard in our agreements and vice versa if they receive the opt out, they also have to notify us.

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Standard and required. Check out the agreements by Bon Terms for some standard clauses.

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thanks everyone. i should have clarified that im looking at circumstances specifically where we receive an opt out request, pass it on to the vendor and the vendor is required to comply.

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It is definitely onerous on the vendor, which is why they likely will not lead with this language but it is in alignment with GDPR and related privacy rules. You should include this to protect your client and the person whose data is subject to the opt out request.

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Standard

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Pretty standard.

Why would you need this contractually? It's a technical requirement. As long as they offer it, it's up to you to implement it.

Please point me to a statute or reg that requires that it be separately called out. This is just basic contract law.

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