Cyber Security Agreement Generator for United States

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Key Requirements PROMPT example:

Cyber Security Agreement

"I need a Cyber Security Agreement for my fintech startup that covers both cloud security services and data protection compliance, with specific focus on protecting customer financial data and meeting GLBA requirements, to be implemented by March 2025."

Document background
The Cyber Security Agreement serves as a crucial legal framework for organizations seeking to protect their digital assets and comply with U.S. regulatory requirements. This document is essential when engaging cybersecurity service providers, establishing security protocols, or implementing data protection measures. It addresses key aspects such as incident response, breach notification, compliance reporting, and liability allocation while ensuring alignment with federal regulations like HIPAA and GLBA, as well as state-specific data protection laws.
Suggested Sections

1. Parties: Identification of contracting parties and their legal status

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement including technical cybersecurity terminology

4. Scope of Services: Detailed description of cybersecurity services provided and coverage areas

5. Security Requirements: Specific security measures, standards, and protocols to be implemented

6. Incident Response: Procedures for handling security incidents, breach notifications, and remediation

7. Data Protection: Requirements for protecting sensitive information and compliance with privacy laws

8. Compliance Obligations: Specific regulatory requirements and standards that must be met

9. Term and Termination: Duration of agreement and conditions for termination

10. Liability and Indemnification: Allocation of risk and responsibility for security incidents

Optional Sections

1. Service Level Agreement: Specific performance metrics and requirements for cybersecurity services

2. International Data Transfer: Requirements and safeguards for cross-border data transfers

3. Compliance Reporting: Regular reporting requirements and audit procedures

4. Business Continuity: Procedures for maintaining security during business disruptions

5. Third-Party Management: Requirements for managing security of third-party vendors and contractors

Suggested Schedules

1. Schedule A - Security Controls Matrix: Detailed list of security controls, requirements, and implementation standards

2. Schedule B - Incident Response Plan: Detailed procedures and protocols for handling security incidents

3. Schedule C - Service Level Metrics: Detailed performance metrics and measurement methods for security services

4. Schedule D - Data Processing Agreement: Specific terms and conditions for processing personal data

5. Schedule E - Compliance Framework: List of applicable laws, regulations, and standards to be complied with

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

Industries

GLBA (Gramm-Leach-Bliley Act): Federal law that requires financial institutions to explain their information-sharing practices to customers and protect sensitive data.

HIPAA (Health Insurance Portability and Accountability Act): Federal law that sets national standards for the protection of individuals' medical records and other personal health information.

FISMA (Federal Information Security Management Act): Law that defines a comprehensive framework to protect government information, operations, and assets against natural or human threats.

CFAA (Computer Fraud and Abuse Act): Federal law that criminalizes unauthorized access to computers and networks, affecting how security testing and monitoring can be conducted.

ECPA (Electronic Communications Privacy Act): Federal law governing the interception of digital and electronic communications, relevant for network monitoring and security operations.

COPPA (Children's Online Privacy Protection Act): Federal law that imposes specific requirements for collecting and handling personal information from children under 13.

FTC Act: Federal law that prohibits unfair or deceptive practices affecting commerce, including inadequate cybersecurity measures.

State Data Breach Laws: Individual state laws requiring notification of security breaches involving personal information, with varying requirements across all 50 states.

NY SHIELD Act: New York state law requiring businesses to implement safeguards for the protection of private information and expanding breach notification requirements.

CCPA (California Consumer Privacy Act): California law providing residents with rights regarding their personal information and imposing obligations on businesses handling such data.

VCDPA (Virginia Consumer Data Protection Act): Virginia's comprehensive privacy law giving residents rights over their personal data and requiring businesses to meet specific obligations.

Colorado Privacy Act: Colorado's privacy law establishing requirements for data protection and giving residents rights over their personal information.

NIST Cybersecurity Framework: Voluntary framework of computer security guidance for organizations to better manage and reduce cybersecurity risk.

ISO 27001/27002: International standards providing requirements and guidelines for establishing, implementing, maintaining, and improving information security management.

PCI DSS: Payment Card Industry Data Security Standard setting requirements for organizations that handle credit card data.

SEC Cybersecurity Guidelines: Securities and Exchange Commission guidance on cybersecurity risks and incident disclosure requirements for public companies.

FTC Privacy and Security Guidelines: Federal Trade Commission guidelines providing recommendations for businesses on maintaining reasonable data security and privacy practices.

GDPR: European Union's General Data Protection Regulation that may apply when handling EU residents' data, even for US companies.

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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