Common use of Notification of Individuals Clause in Contracts

Notification of Individuals. When applicable state or federal law requires notification of individuals of a breach or unauthorized disclosure of their confidential information, the following provisions apply: If the cause of the breach is attributable to Contractor or its sub-Contractor, agents or vendors, Contractor shall pay any costs of such notifications, as well as any and all costs associated with the breach and remediation efforts. The notifications shall comply with the requirements set forth in California Civil Code Section 1798.29, and 42 U.S.C. section 17932, and it’s implementing regulations, including but not limited to the requirement that the notifications be made without unreasonable delay and in no event later than 60 calendar days. County shall approve the time, manner and content of any such notifications and their review and approval must be obtained before notifications are made. County may elect to assign responsibility for such notification to Contractor. In the event County assigns notification responsibility to Contractor, County shall provide Contractor with the appropriate direction and procedures to ensure notice is provided pursuant to applicable law. If the cause of the breach is attributable to County, County shall pay any costs associated with such notifications. If there is any question as to whether the County or Contractor is responsible for the breach, County and Contractor shall jointly determine responsibility for purposes of allocating the costs of such notices.

Appears in 3 contracts

Samples: Security Agreement, Security Agreement, And Security Agreement

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Notification of Individuals. When applicable state or federal law requires notification of a breaching entity to notify individuals of a breach or unauthorized disclosure of their confidential informationPII, the following provisions apply: If the cause of the breach is attributable to Contractor the County Department or its sub-Contractorsubcontractors, agents or vendors, Contractor the County Department shall pay any costs of such notifications, as well as any and all costs associated with the breach and remediation effortsbreach. The notifications shall comply with the requirements set forth in California Civil Code Section section 1798.29, and 42 U.S.C. section 17932, and it’s its implementing regulations, including but not limited to the requirement that the notifications be made without unreasonable delay and in no event later than 60 sixty (60) calendar days. County The CDSS shall approve review the time, manner and content of any such notifications and their review and approval must be obtained before notifications are made. County notifications; CDSS may elect to assign responsibility for such notification to Contractorthe County Department. In the event County CDSS assigns notification responsibility to Contractorthe County Department, County CDSS shall provide Contractor the County Department with the appropriate direction and procedures to ensure notice is provided pursuant to applicable law. If the cause of the breach is attributable to CountyCDSS, County CDSS shall pay any costs associated with such notifications. If there is any question as to whether CDSS or the County or Contractor Department is responsible for the breach, CDSS and the County and Contractor Department shall jointly determine responsibility for purposes of allocating the costs of such notices.

Appears in 2 contracts

Samples: Privacy and Security Agreement, Security Agreement

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