Information Security Agreement Template for England and Wales

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Key Requirements PROMPT example:

Information Security Agreement

"I need an Information Security Agreement for my fintech startup that will be sharing customer financial data with a third-party cloud service provider, with specific provisions for international data transfers and enhanced security requirements for payment processing."

Document background
This Information Security Agreement is designed for use when organizations need to establish formal security protocols for handling sensitive information. It is particularly relevant in situations involving data sharing, third-party processing, or service provider relationships where confidential information needs protection. Governed by English and Welsh law, it incorporates requirements from UK data protection legislation, including UK GDPR and the Data Protection Act 2018, and establishes clear obligations for maintaining information security, managing incidents, and ensuring compliance with relevant standards.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms and their meanings used throughout the agreement

4. Scope of Information Security Obligations: Detailed security requirements and standards to be maintained

5. Data Protection Compliance: Obligations relating to data protection laws and regulations

6. Security Incident Management: Procedures for handling and reporting security incidents

7. Confidentiality Obligations: Requirements for maintaining confidentiality of information

8. Term and Termination: Duration of agreement and termination provisions

Optional Sections

1. Cross-Border Data Transfers: Additional provisions required when data will be transferred outside the UK

2. Industry-Specific Requirements: Additional security requirements for regulated industries such as financial services or healthcare

3. Subcontractor Management: Requirements for managing third-party security when subcontractors will have access to sensitive information

Suggested Schedules

1. Schedule 1 - Security Standards and Controls: Detailed technical and organizational security measures required under the agreement

2. Schedule 2 - Incident Response Plan: Detailed procedures for security incident handling and reporting

3. Schedule 3 - Compliance Certificates: Copies of relevant security certifications (ISO 27001, Cyber Essentials)

4. Schedule 4 - Data Processing Details: Specific details about data processing activities and safeguards

5. Schedule 5 - Contact Matrix: Key contacts for security incidents and escalation procedures

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Relevant Industries
Relevant Teams
Relevant Roles
Industries

UK GDPR: The UK General Data Protection Regulation - Primary legislation governing personal data processing and protection in the UK post-Brexit

Data Protection Act 2018: The UK's implementation of data protection legislation, working alongside UK GDPR to regulate personal data processing

PECR 2003: Privacy and Electronic Communications Regulations - Specific rules for electronic communications, marketing, and cookies

NIS Regulations 2018: Network and Information Systems Regulations - Framework for cybersecurity requirements for essential services and digital providers

Computer Misuse Act 1990: Legislation criminalizing unauthorized access to computer systems and data interference

RIPA 2000: Regulation of Investigatory Powers Act - Governs the interception of communications and use of surveillance

Trade Secrets Regulations 2018: Regulations providing legal framework for protection of trade secrets and confidential business information

Common Law Confidentiality: Common law principles protecting confidential information and trade secrets

UK Data Transfer Regulations: Regulations governing international data transfers and adequacy decisions post-Brexit

Employment Rights Act 1996: Legislation covering employee rights including aspects of data handling in employment context

Equality Act 2010: Legislation protecting against discrimination, including in data processing contexts

Consumer Rights Act 2015: Framework for consumer protection including digital content and services

E-Commerce Regulations 2002: Electronic Commerce Regulations governing online business activities and information security requirements

ISO 27001: International standard for information security management systems

PCI DSS: Payment Card Industry Data Security Standard - Requirements for organizations handling credit card information

Cyber Essentials: UK government-backed scheme providing baseline cybersecurity standards and certification

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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