Security Incident Mitigation Strategy: Effective Negotiation of Technology Contract Limitations of Liability

There is always significant negotiation around caps on liability when negotiating a contract with a technology vendor. If the vendor will have access to the personal information of its customers’ end users (regardless of whether the end users are employees or customers), treatment on caps on liability take on heightened importance.

Given the findings in the 2019 Data Security Incident Report (“DSIR”), what rule of thumb or general guidance exists to guide decision-making regarding acceptable financial risk allocation?

Full article: Deeper Dive: Security Incident Mitigation Strategy: Effective Negotiation of Technology Contract Limitations of Liability