Most of the state consumer privacy laws now on the books come with contract requirements attached. The statutes tell you what has to appear in an agreement between a controller and a processor, or between a business and its service provider, and those required terms don't line up cleanly from state to state. The work lands on whoever is drafting or reviewing the agreement. A vendor sends over its standard data processing addendum, the business wants to sign this week, and someone in legal has to decide whether the terms cover the states where the company operates and what to do about the gaps.
In this webinar, Laura Frederick, Kimberly Pack of Thompson Hine LLP, and Arohi Kashyap of Kashyap Partners will walk through how to draft and review the data provisions in commercial agreements so they hold up under U.S. state privacy laws. The speakers will cover the terms these statutes require, where the requirements overlap enough to handle with a single set of language, and where a state pulls in a different direction and needs separate treatment. They'll also work through the drafting decisions that come up in practice, including how far to go on audit rights, how to handle subprocessor approval, what deletion and return obligations should say, and what to do when a counterparty's form addendum doesn't account for every state the company operates in.
*Live CLE Credit Information:
How to Contract will apply for 1.25 hours of General CLE credit in CA, PA, and TX.
We will provide details to attendees on how to request a certificate of attendance. These certificates are provided after an attendee submits a completed credit request form (including the CLE code words shared live) within 14 days of the live webinar. Late submissions are not accepted.
Lawyers in these other jurisdictions who attend live may be eligible for credit through reciprocity, self-application, or reporting: AK, AL, AR, AZ, CT, CO, FL, GA, HI, IA, ID, IN, IL, KY, LA, NC, NH, NJ, NV, NY, MD, ME, MN, MO, MT, NC, ND, NE, NH, NM, NV, OK, OR, RI, SC, TN, UT, VA, VT, WA, WI, WV, and WY. These programs may also be eligible for Canadian CPD credit in British Columbia, Ontario, and Quebec.
We do not determine individual eligibility. Please check your state bar for specific compliance rules.
