Keeping Data Safe: No One-Size-Fits-All Model

by Julia Cardi

For lawyers including data privacy and security provisions in contracts they put together for clients, they first have to clarify what definition of “data” their clients’ information falls under. Different laws govern based on the type of information, and there’s no one-size-fits-all agreement template that will work for every client.

The Colorado Bar Association presented a CLE Wednesday in its Business Document Drafting Series titled “Five Things You Must Know Before Drafting Intellectual Property, Privacy and Data Security Provisions.” Moderated by Davis Graham & Stubbs associate Otto Hanson, the panel included DGS partner Trent Martinet, Lewis Bess Williams & Weese director Deborah Howitt and Koenig Oelsner Taylor Shoenfeld & Gaddis attorney Christopher Achatz.

The CLE used a hypothetical business-to-business software license agreement to demonstrate key considerations in drafting data security and privacy provisions because software licenses will nearly always contain such sections. The panelists used the mock contract to detail topics relevant to those provisions such as data sharing, data obtained from another party, terms required by privacy laws, drafting a privacy policy and other miscellaneous tricky considerations.

To read this story and other complete articles featured in the May 28, 2017 print edition of Law Week Colorado, copies are available for purchase online.