Cybersecurity clause: Copy, customize, and use instantly
Introduction
A cybersecurity clause ensures that both parties recognize and agree to safeguard their digital assets, data, and systems from cyber threats. This clause defines the responsibilities and measures to protect information systems and data from unauthorized access, breaches, or cyberattacks, and establishes protocols for responding to cybersecurity incidents.
Below are templates for cybersecurity clauses tailored to different scenarios. Copy, customize, and insert them into your agreement.
Cybersecurity clause (general)
This version outlines the general cybersecurity responsibilities.
The Parties agree to implement and maintain appropriate cybersecurity measures to protect their digital assets, systems, and data. Both Parties will adhere to industry-standard security practices, including encryption, multi-factor authentication, and regular security audits, to prevent unauthorized access, breaches, or cyberattacks. Each Party will promptly notify the other of any security incidents and will cooperate in resolving any cybersecurity issues.
Cybersecurity clause (with incident response plan)
This clause includes an incident response plan.
The Parties agree to develop and maintain an incident response plan to address any cybersecurity breaches or data compromises. The Parties will immediately notify each other in the event of a cybersecurity incident, and both Parties will cooperate to assess, contain, and mitigate the impact of the breach. The Parties will also work together to notify affected parties and regulatory bodies, as required by law, and will take corrective actions to prevent future breaches.
Cybersecurity clause (with data protection focus)
This version focuses on data protection.
The Parties agree to implement robust data protection measures to safeguard personal and sensitive data from unauthorized access, loss, or alteration. Both Parties will ensure that their cybersecurity practices comply with relevant data protection laws, including GDPR, CCPA, or other applicable privacy regulations. Any data breach involving personal information will be promptly reported and addressed in accordance with applicable laws.
Cybersecurity clause (with network security provisions)
This clause addresses network security.
The Parties agree to implement adequate network security measures to protect their systems, servers, and communications infrastructure from unauthorized access, cyberattacks, and malicious software. This includes firewalls, intrusion detection systems, and secure communication protocols. Both Parties will regularly monitor their networks for vulnerabilities and will take prompt action to address any identified security risks.
Cybersecurity clause (with employee training and awareness)
This version includes employee training on cybersecurity.
The Parties agree to provide ongoing cybersecurity training for their employees to raise awareness about potential cyber threats, such as phishing attacks, malware, and social engineering tactics. Both Parties will ensure that employees are educated on best practices for maintaining security, such as using strong passwords, securing devices, and identifying suspicious activities.
Cybersecurity clause (with third-party vendor security)
This clause ensures third-party vendor security.
The Parties agree to ensure that any third-party vendors or contractors who access or manage their digital systems or data comply with the same cybersecurity standards as the Parties themselves. Both Parties will require vendors to implement appropriate cybersecurity measures, such as encryption and secure access controls, and will periodically audit third-party vendors to verify their compliance with cybersecurity requirements.
Cybersecurity clause (with data encryption requirements)
This version includes data encryption requirements.
The Parties agree to encrypt all sensitive and personal data both in transit and at rest. The encryption protocols must meet industry standards and be updated regularly to reflect the latest security practices. Both Parties will ensure that any systems, databases, or storage locations containing sensitive data are encrypted to prevent unauthorized access or data breaches.
Cybersecurity clause (with breach notification requirements)
This clause includes breach notification procedures.
The Parties agree to notify each other immediately if either Party suspects or discovers a cybersecurity breach or data leak that may impact the confidentiality, integrity, or availability of data. Notification will occur within [X] hours of discovery, and the Parties will work together to investigate the incident, assess the extent of the breach, and notify affected parties and relevant authorities as required by law.
Cybersecurity clause (with ongoing monitoring and auditing)
This version includes ongoing monitoring and auditing of systems.
The Parties agree to implement continuous monitoring and auditing of their systems to detect and prevent cybersecurity threats. Both Parties will regularly conduct vulnerability assessments and penetration testing to identify potential security weaknesses. Any findings will be addressed promptly, and corrective actions will be taken to ensure ongoing cybersecurity protection.
Cybersecurity clause (with disaster recovery and business continuity planning)
This clause ensures disaster recovery and business continuity.
The Parties agree to establish and maintain disaster recovery and business continuity plans to minimize downtime and data loss in the event of a cybersecurity breach or attack. These plans will include procedures for data backup, system restoration, and maintaining critical business functions during and after a cyber incident. Both Parties will periodically test their disaster recovery plans to ensure their effectiveness.
Cybersecurity clause (with liability for breaches)
This version addresses liability for cybersecurity breaches.
The Parties agree that any Party responsible for a cybersecurity breach resulting in damage to the other Party will be liable for the direct and indirect costs incurred as a result of the breach. This includes costs related to investigation, remediation, notification, and legal fees. Both Parties agree to take all necessary precautions to avoid such breaches and ensure the integrity of their systems.
Cybersecurity clause (with compliance with cybersecurity laws)
This clause ensures compliance with cybersecurity laws.
The Parties agree to comply with all applicable cybersecurity laws, regulations, and standards governing their industry. This includes, but is not limited to, compliance with the Cybersecurity Information Sharing Act (CISA), National Institute of Standards and Technology (NIST) cybersecurity framework, and any regional or international cybersecurity requirements. Both Parties will ensure their cybersecurity practices align with legal and regulatory obligations.
Cybersecurity clause (with password management and access control)
This version includes provisions for password management and access control.
The Parties agree to implement strong password management and access control practices to protect their digital systems. This includes requiring multi-factor authentication (MFA) for all users with access to sensitive systems or data, enforcing password complexity requirements, and regularly reviewing and updating user access permissions to ensure that only authorized individuals have access to critical systems.
Cybersecurity clause (with risk assessment and mitigation)
This clause includes regular cybersecurity risk assessments.
The Parties agree to conduct regular cybersecurity risk assessments to identify potential vulnerabilities and threats to their systems, networks, and data. Both Parties will work together to implement appropriate mitigation strategies based on the results of these assessments, ensuring that the risks are minimized and that the cybersecurity posture is continually strengthened.
Cybersecurity clause (with clear roles and responsibilities)
This version specifies roles and responsibilities for cybersecurity.
The Parties agree to assign clear roles and responsibilities for managing cybersecurity within their organizations. This includes appointing designated cybersecurity officers responsible for overseeing the implementation of security measures, conducting risk assessments, responding to incidents, and ensuring ongoing compliance with cybersecurity regulations and standards.
Cybersecurity clause (with cyber insurance)
This clause addresses cyber insurance.
The Parties agree to maintain cyber insurance policies to cover the costs associated with cybersecurity incidents, including data breaches, ransomware attacks, and other cyberattacks. Both Parties will ensure that their cyber insurance coverage is adequate to cover potential liabilities and will cooperate in providing necessary documentation and information to their insurance providers in the event of an incident.
Cybersecurity clause (with post-incident remediation)
This version addresses post-incident remediation.
The Parties agree to take immediate action to remediate any cybersecurity incidents, including identifying the cause of the breach, securing affected systems, and restoring normal operations as quickly as possible. Both Parties will work together to implement any necessary patches, updates, or fixes and will perform a post-incident review to identify areas for improvement and prevent future incidents.
Cybersecurity clause (with cybersecurity testing and penetration testing)
This clause addresses cybersecurity testing.
The Parties agree to conduct regular cybersecurity testing, including vulnerability scans and penetration testing, to identify and address potential weaknesses in their systems. Both Parties will share the results of these tests, collaborate on fixing any identified vulnerabilities, and ensure that all necessary security measures are in place to prevent breaches.
Cybersecurity clause (with cloud security measures)
This version ensures cloud security measures are in place.
The Parties agree to implement and maintain appropriate cloud security measures to protect any data and systems stored or processed in the cloud. Both Parties will ensure that their cloud service providers comply with relevant cybersecurity standards and regulations, including encryption, access controls, and continuous monitoring for potential vulnerabilities and threats.
Cybersecurity clause (with adherence to cybersecurity standards)
This clause addresses adherence to cybersecurity standards.
The Parties agree to adhere to industry-recognized cybersecurity standards, such as ISO 27001, NIST Cybersecurity Framework, and CIS Controls, in order to protect their digital systems, networks, and data. Both Parties will take steps to implement these standards in their cybersecurity practices and perform regular assessments to ensure ongoing compliance.
Cybersecurity clause (with responsibility for system maintenance)
This version focuses on system maintenance responsibilities.
The Parties agree to maintain their systems and software up to date with the latest security patches and updates. Both Parties will ensure that their systems are regularly monitored for any vulnerabilities or weaknesses and that appropriate measures are taken to address identified security risks in a timely manner.
Cybersecurity clause (with access monitoring and auditing)
This clause includes provisions for access monitoring and auditing.
The Parties agree to monitor and audit access to their systems and data on an ongoing basis to detect and respond to any unauthorized access attempts or anomalies. Both Parties will implement logging and tracking systems to maintain a record of all access and actions taken within their systems and will promptly investigate any suspicious activities.
Cybersecurity clause (with user access restrictions)
This version focuses on user access restrictions.
The Parties agree to implement user access restrictions to ensure that only authorized individuals can access sensitive or critical systems and data. Both Parties will enforce the principle of least privilege, ensuring that employees or contractors are only granted the minimum level of access necessary to perform their duties and responsibilities.
Cybersecurity clause (with response time targets)
This clause includes response time targets for cybersecurity incidents.
The Parties agree to establish and adhere to response time targets in the event of a cybersecurity breach or incident. Both Parties will aim to identify, contain, and mitigate any security threats within [X] hours of detection. A clear communication plan will be in place to inform stakeholders of the incident and its resolution timeline.
Cybersecurity clause (with backup and recovery requirements)
This version includes data backup and recovery provisions.
The Parties agree to implement regular data backup and recovery procedures to ensure that critical data can be restored in the event of a cybersecurity incident. Both Parties will ensure that backups are performed securely, stored off-site or in the cloud, and are regularly tested for integrity to guarantee their availability in case of data loss or corruption.
Cybersecurity clause (with reporting of cyber incidents)
This clause includes reporting of cyber incidents.
The Parties agree to immediately report any cybersecurity incident, including data breaches, malware infections, or system compromises, to the other Party. Both Parties will provide detailed reports of the incident, including the scope, affected systems, and any potential consequences, and will work together to notify affected individuals and regulatory authorities as required by law.
Cybersecurity clause (with vendor risk management)
This version addresses vendor risk management for cybersecurity.
The Parties agree to ensure that any third-party vendors, suppliers, or partners with access to their systems or data adhere to the same cybersecurity standards and practices as the Parties themselves. Both Parties will conduct regular risk assessments of their vendors and ensure that appropriate contracts are in place to enforce cybersecurity compliance.
Cybersecurity clause (with threat intelligence sharing)
This clause involves sharing threat intelligence.
The Parties agree to share relevant cybersecurity threat intelligence and data to improve the overall security posture of both Parties. Both Parties will collaborate to identify emerging threats and vulnerabilities and will take collective action to mitigate risks associated with those threats.
Cybersecurity clause (with cybersecurity insurance)
This version ensures cybersecurity insurance is in place.
The Parties agree to maintain adequate cybersecurity insurance coverage to address potential risks and losses arising from a cybersecurity incident, including data breaches, ransomware attacks, and system compromises. Both Parties will review their insurance policies regularly to ensure that the coverage is sufficient to cover the costs of a potential incident.
Cybersecurity clause (with encryption standards)
This clause includes encryption standards for data protection.
The Parties agree to implement encryption for sensitive data both at rest and in transit. Both Parties will adhere to industry-standard encryption protocols, including [specific encryption methods], and will regularly review and update their encryption practices to ensure the protection of sensitive information.
Cybersecurity clause (with segregation of duties)
This version focuses on segregation of duties.
The Parties agree to implement segregation of duties within their cybersecurity practices to prevent any one individual from having unchecked access to critical systems or data. Both Parties will ensure that duties related to system administration, data access, and security monitoring are divided among multiple employees to reduce the risk of malicious actions or errors.
Cybersecurity clause (with privacy impact assessments)
This clause includes privacy impact assessments.
The Parties agree to perform regular privacy impact assessments (PIAs) for their data processing activities, particularly those involving sensitive or personal data. Both Parties will evaluate the potential risks to privacy and data security and will implement measures to mitigate those risks, ensuring compliance with applicable privacy laws and regulations.
Cybersecurity clause (with cybersecurity compliance audits)
This version ensures cybersecurity compliance audits.
The Parties agree to conduct regular internal or third-party cybersecurity audits to ensure compliance with the terms of this Agreement and with relevant cybersecurity laws and standards. Both Parties will share the results of these audits and take prompt action to address any identified gaps or weaknesses in their cybersecurity practices.
Cybersecurity clause (with incident escalation procedures)
This clause includes procedures for escalating cybersecurity incidents.
The Parties agree to establish clear incident escalation procedures for handling cybersecurity incidents. In the event of a breach or attack, the Parties will follow a predefined escalation process to notify senior management, legal teams, and relevant authorities in a timely manner. Both Parties will ensure that all staff are trained on the escalation procedures and that there is a rapid response to mitigate potential damage.
Cybersecurity clause (with access control for sensitive information)
This version focuses on access control for sensitive information.
The Parties agree to implement strict access controls for sensitive or confidential information. Both Parties will use role-based access control (RBAC) to ensure that only authorized personnel can access confidential data or systems, and will regularly review access rights to ensure that they are up to date and appropriately restricted.
Cybersecurity clause (with cooperation in post-incident remediation)
This clause includes provisions for post-incident remediation.
The Parties agree to cooperate fully in the post-incident remediation process following a cybersecurity breach or incident. Both Parties will work together to identify the root cause of the breach, address any vulnerabilities, restore normal operations, and implement additional safeguards to prevent future incidents.
Cybersecurity clause (with proactive threat monitoring)
This version includes proactive threat monitoring.
The Parties agree to implement proactive threat monitoring systems to detect, analyze, and respond to potential cybersecurity threats in real time. Both Parties will use advanced monitoring tools to identify unusual activity or vulnerabilities in their systems, networks, and data, and will take immediate action to address any identified threats.
Cybersecurity clause (with compliance with encryption laws)
This clause ensures compliance with encryption laws.
The Parties agree to comply with all applicable encryption laws and regulations governing the use of encryption for data protection. Both Parties will implement the required encryption standards and ensure that their systems meet the legal requirements for data encryption, including encryption of sensitive data during storage and transmission.
Cybersecurity clause (with mitigation of denial-of-service attacks)
This version addresses mitigation of denial-of-service attacks.
The Parties agree to implement measures to mitigate the risk of denial-of-service (DoS) or distributed denial-of-service (DDoS) attacks. Both Parties will deploy sufficient bandwidth, firewalls, and intrusion prevention systems to protect their systems and services from such attacks and ensure the continued availability of critical services.
Cybersecurity clause (with disaster recovery testing)
This clause includes regular disaster recovery testing.
The Parties agree to regularly test their disaster recovery and business continuity plans to ensure that they can effectively recover from a cybersecurity incident or data breach. Both Parties will conduct annual disaster recovery exercises to simulate different attack scenarios and will update their recovery procedures based on the results of these tests.
Cybersecurity clause (with privacy and security by design)
This version ensures privacy and security by design.
The Parties agree to implement privacy and security by design principles in their systems, products, and services. Both Parties will integrate privacy and security measures from the outset of any project or development process, ensuring that these considerations are built into the architecture, design, and operation of all systems and processes handling sensitive data.
Cybersecurity clause (with immediate suspension of services)
This clause provides for immediate suspension of services in case of breach.
The Parties agree that in the event of a significant cybersecurity breach, [Party B] reserves the right to immediately suspend services or access to certain systems if such action is necessary to prevent further damage, data loss, or unauthorized access. Both Parties will work together to quickly restore service and minimize the impact of the breach.
Cybersecurity clause (with reporting on cybersecurity risks)
This version requires regular reporting on cybersecurity risks.
The Parties agree to provide regular reports on their cybersecurity risk management efforts, including any new threats identified, the effectiveness of current mitigation strategies, and any incidents or breaches that may have occurred. These reports will be shared with the other Party on a quarterly basis or as otherwise requested.
Cybersecurity clause (with third-party incident response coordination)
This clause involves third-party coordination in incident response.
The Parties agree to coordinate with third-party cybersecurity experts or consultants in the event of a cybersecurity incident. Both Parties will engage with their respective vendors and cybersecurity specialists to assist in investigating, containing, and remediating any cyber threats, and will share relevant information to support a coordinated response.
Cybersecurity clause (with emphasis on secure software development lifecycle)
This version emphasizes secure software development.
The Parties agree to incorporate security measures into every stage of the software development lifecycle (SDLC). Both Parties will follow secure coding practices, perform regular code reviews and vulnerability testing, and ensure that security is a priority throughout the development and maintenance of all software applications and systems.
Cybersecurity clause (with multi-factor authentication requirement)
This clause includes multi-factor authentication (MFA).
The Parties agree to implement multi-factor authentication (MFA) for all systems that process sensitive data or provide access to critical infrastructure. Both Parties will ensure that MFA is required for all users accessing such systems and will regularly review authentication protocols to ensure they meet the latest security standards.
Cybersecurity clause (with periodic vulnerability scanning)
This version includes regular vulnerability scanning.
The Parties agree to conduct periodic vulnerability scans of their systems, networks, and applications to identify potential weaknesses and security gaps. Both Parties will implement corrective actions based on the findings of these scans and will update their security measures to address any newly discovered vulnerabilities.
Cybersecurity clause (with regular penetration testing)
This clause involves regular penetration testing.
The Parties agree to conduct regular penetration testing on their systems, networks, and applications to simulate potential cyberattacks and identify vulnerabilities. Both Parties will work together to resolve any issues discovered during these tests and ensure their systems are resilient against cyber threats.
Cybersecurity clause (with network segmentation)
This version includes network segmentation provisions.
The Parties agree to implement network segmentation strategies to reduce the risk of lateral movement in the event of a cybersecurity breach. Both Parties will segment their networks based on business needs, ensuring that critical systems and data are isolated from other parts of the network to limit the potential impact of an attack.
Cybersecurity clause (with data breach response communication)
This clause ensures proper communication during a data breach.
The Parties agree to establish clear communication protocols for notifying stakeholders, customers, and regulatory bodies in the event of a data breach. Both Parties will work together to draft and implement a communication plan, ensuring that all affected parties are promptly informed about the breach and the steps being taken to mitigate its impact.
Cybersecurity clause (with access review and revocation procedures)
This version includes procedures for reviewing and revoking access.
The Parties agree to regularly review user access to critical systems and data to ensure that only authorized individuals retain access. Both Parties will implement procedures to revoke access when an employee leaves the organization, changes roles, or no longer requires access to specific systems to perform their job duties.
Cybersecurity clause (with physical security provisions)
This clause covers physical security measures.
The Parties agree to implement appropriate physical security measures to protect their servers, data storage devices, and network infrastructure. Both Parties will ensure that data centers, office spaces, and other physical locations containing sensitive equipment are secured against unauthorized access, theft, or tampering.
Cybersecurity clause (with cyberattack simulation exercises)
This version includes cyberattack simulation exercises.
The Parties agree to conduct regular cyberattack simulation exercises to test their incident response and recovery capabilities. Both Parties will simulate various types of cyberattacks, such as phishing, ransomware, or denial-of-service attacks, to evaluate the effectiveness of their cybersecurity measures and ensure their teams are prepared to respond quickly and effectively in the event of an actual incident.
Cybersecurity clause (with third-party cybersecurity risk assessments)
This clause includes third-party cybersecurity assessments.
The Parties agree to conduct third-party cybersecurity risk assessments at least annually to evaluate their security posture and identify potential vulnerabilities. Both Parties will use the results of these assessments to make informed decisions about their cybersecurity strategy and implement necessary improvements to safeguard their systems and data.
Cybersecurity clause (with incident response retention of logs)
This version requires retention of logs during an incident.
The Parties agree to retain all relevant logs and records during and after a cybersecurity incident for the purpose of investigation, compliance, and remediation. Both Parties will ensure that logs are securely stored, protected from tampering, and made available to relevant authorities if needed for further analysis or legal purposes.
Cybersecurity clause (with cybersecurity policy review)
This clause ensures regular review of cybersecurity policies.
The Parties agree to review their cybersecurity policies and procedures at least annually or whenever there are significant changes in their systems, technology, or relevant regulations. Both Parties will ensure that their cybersecurity policies remain up to date with the latest best practices, standards, and legal requirements.
Cybersecurity clause (with compliance with specific cybersecurity frameworks)
This version references specific cybersecurity frameworks.
The Parties agree to comply with recognized cybersecurity frameworks, including but not limited to NIST Cybersecurity Framework, ISO 27001, and CIS Controls. Both Parties will implement security measures in line with these frameworks and will ensure their cybersecurity practices meet or exceed the minimum requirements outlined within these guidelines.
Cybersecurity clause (with proactive patch management)
This version includes proactive patch management provisions.
The Parties agree to implement proactive patch management processes to regularly update their systems, software, and applications with the latest security patches. Both Parties will ensure that vulnerabilities are addressed promptly by applying patches within a reasonable timeframe after their release, to protect against exploitation by cybercriminals.
Cybersecurity clause (with monitoring for insider threats)
This clause involves monitoring for insider threats.
The Parties agree to monitor for and address potential insider threats by implementing behavioral analytics and access monitoring tools. Both Parties will take appropriate action to mitigate any risks posed by employees or contractors with malicious intent or negligent behavior and will maintain confidentiality throughout the monitoring process.
Cybersecurity clause (with encryption of communications)
This version includes encryption of communications.
The Parties agree to implement encryption for all communications involving sensitive or confidential information, including emails, instant messages, and file transfers. Both Parties will use encryption protocols such as TLS or SSL to protect the integrity and confidentiality of these communications against interception or unauthorized access.
Cybersecurity clause (with email security protocols)
This clause ensures email security.
The Parties agree to implement strong email security protocols, including spam filtering, anti-phishing defenses, and secure email gateways. Both Parties will ensure that all email communications are properly vetted for malicious content, and will educate employees on how to recognize and report phishing attempts or suspicious emails.
Cybersecurity clause (with system and software inventory management)
This version includes inventory management of systems and software.
The Parties agree to maintain an up-to-date inventory of all systems, hardware, and software used in their operations, including versions and configurations. Both Parties will perform regular audits to ensure that unauthorized or outdated software is not in use, and that all systems are properly managed to reduce cybersecurity risks.
Cybersecurity clause (with remote access security)
This clause focuses on securing remote access.
The Parties agree to implement secure remote access protocols for employees working remotely or accessing systems from external locations. Both Parties will use secure Virtual Private Networks (VPNs), multi-factor authentication, and endpoint security measures to ensure that remote access does not expose systems to unauthorized access or cyber threats.
Cybersecurity clause (with third-party security compliance requirements)
This version includes third-party security compliance requirements.
The Parties agree to ensure that any third-party vendors, contractors, or partners with access to their networks or sensitive data comply with the same cybersecurity requirements as outlined in this Agreement. Both Parties will require vendors to submit proof of compliance with applicable cybersecurity standards and will regularly assess their security practices.
Cybersecurity clause (with clear communication during a breach)
This clause ensures clear communication during a cybersecurity breach.
The Parties agree to establish a clear communication protocol for notifying each other of a cybersecurity breach. Both Parties will ensure that they provide timely, transparent, and detailed communication regarding the scope of the breach, its impact, and any actions being taken to resolve the issue. The Parties will work together to communicate effectively with affected stakeholders and authorities.
Cybersecurity clause (with continuous vulnerability assessments)
This version includes continuous vulnerability assessments.
The Parties agree to perform continuous vulnerability assessments using automated tools to regularly scan their systems, applications, and networks for weaknesses. Both Parties will promptly remediate any vulnerabilities identified during these assessments to minimize the risk of cyberattacks or data breaches.
Cybersecurity clause (with security incident reporting obligations)
This clause includes reporting obligations for security incidents.
The Parties agree to promptly report any security incidents, including unauthorized access, data breaches, or potential attacks, to the other Party. Both Parties will cooperate to investigate the incident, identify the root cause, and take corrective actions. A formal report will be submitted to affected parties and regulatory authorities, as required by law.
Cybersecurity clause (with security patch lifecycle management)
This version focuses on security patch lifecycle management.
The Parties agree to implement a comprehensive security patch lifecycle management process. This includes regular monitoring for new security patches, testing patches for compatibility with existing systems, and deploying them within a defined timeframe to address known vulnerabilities and protect against cyber threats.
Cybersecurity clause (with biometric authentication requirements)
This clause includes biometric authentication requirements.
The Parties agree to implement biometric authentication, such as fingerprint or facial recognition, for accessing systems containing sensitive or high-value data. Both Parties will ensure that biometric data is stored securely and that appropriate consent is obtained from users for its collection and use.
Cybersecurity clause (with access to digital assets post-incident)
This version addresses access to digital assets post-incident.
The Parties agree that in the event of a cybersecurity incident or breach, access to digital assets, including data, systems, and infrastructure, may be temporarily restricted to mitigate further damage. Both Parties will cooperate to restore access and functionality in a controlled and secure manner, following incident resolution and system validation.
Cybersecurity clause (with no sharing of passwords)
This clause prohibits sharing of passwords.
The Parties agree that passwords to any systems or applications used in connection with this Agreement shall not be shared between employees, contractors, or third parties. Both Parties will ensure that passwords are securely stored, regularly updated, and used only by authorized personnel to access sensitive data and systems.
Cybersecurity clause (with server and database security measures)
This version addresses server and database security.
The Parties agree to implement strong security measures for their servers and databases, including firewalls, access controls, encryption, and continuous monitoring for potential threats. Both Parties will ensure that servers and databases containing sensitive information are protected from unauthorized access, tampering, or data theft.
Cybersecurity clause (with comprehensive breach remediation plan)
This clause requires a comprehensive breach remediation plan.
The Parties agree to develop and maintain a comprehensive breach remediation plan that outlines the steps to be taken following a cybersecurity breach. This includes identifying and containing the breach, restoring systems to normal operation, notifying affected parties, and implementing additional safeguards to prevent future breaches.
Cybersecurity clause (with user behavior monitoring)
This version involves user behavior monitoring.
The Parties agree to monitor user behavior across their systems and networks to detect unusual or potentially harmful activities that may indicate a security threat. Both Parties will use behavioral analytics tools to identify patterns of suspicious behavior and will take appropriate action to prevent or mitigate security incidents arising from user activities.
Cybersecurity clause (with endpoint security measures)
This clause ensures endpoint security.
The Parties agree to implement endpoint security measures, including antivirus software, firewalls, and device encryption, on all devices used to access systems and data related to this Agreement. Both Parties will ensure that their endpoints are regularly updated with the latest security patches and are protected from malware, ransomware, and other cyber threats.
Cybersecurity clause (with virtual environment security)
This version ensures security in virtual environments.
The Parties agree to implement security measures to protect virtual environments, including virtual machines and containers, from cyber threats. Both Parties will ensure that virtual environments are properly isolated, regularly monitored, and secured against unauthorized access or exploitation.
Cybersecurity clause (with digital forensics post-breach)
This clause addresses digital forensics after a breach.
The Parties agree to conduct a thorough digital forensics investigation in the event of a cybersecurity breach to determine the cause, extent, and impact of the incident. Both Parties will cooperate with forensic experts and law enforcement authorities, as needed, to investigate the breach, preserve evidence, and support legal or regulatory proceedings.
Cybersecurity clause (with cloud data protection)
This version ensures cloud data protection.
The Parties agree to implement robust data protection measures for data stored in the cloud, including encryption, secure access controls, and regular security audits. Both Parties will ensure that their cloud service providers comply with relevant cybersecurity standards and that data in the cloud is protected from unauthorized access or loss.
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.