austinsonger
commited on
Commit
•
d21e90d
1
Parent(s):
c23fb87
First Clause Uploads
Browse files- SaaS
-PaaS
-IaaS
contracts/clauses/iaas_clauses.json
ADDED
@@ -0,0 +1,157 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
+
[
|
2 |
+
{
|
3 |
+
"service_model": "IaaS",
|
4 |
+
"clauses": [
|
5 |
+
{
|
6 |
+
"id": 1,
|
7 |
+
"title": "Definition of terms",
|
8 |
+
"content": "Infrastructure-as-a-Service (IaaS) as used in this document is the capability provided to the consumer to provision processing, storage, networks, and other fundamental computing resources where the consumer can deploy and run arbitrary software, which can include operating systems and applications. The consumer does not manage or control the underlying cloud infrastructure but has control over operating systems, storage, and deployed applications and possibly limited control of select networking components (e.g., host firewalls)."
|
9 |
+
},
|
10 |
+
{
|
11 |
+
"id": 2,
|
12 |
+
"title": "Data Ownership",
|
13 |
+
"content": "The public jurisdiction will own all right, title, and interest in its data that is related to the services provided by this contract. The service provider shall not access public jurisdiction user accounts or public jurisdiction data except (1) during data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this contract, or (4) at the public jurisdiction\u2019s written request."
|
14 |
+
},
|
15 |
+
{
|
16 |
+
"id": 3,
|
17 |
+
"title": "Data Protection",
|
18 |
+
"content": "Protection of personal privacy and data shall be an integral part of the business activities of the service provider to ensure there is no inappropriate or unauthorized use of public jurisdiction information at any time. The service provider shall safeguard the confidentiality, integrity, and availability of public jurisdiction information within its control and comply with the following conditions:"
|
19 |
+
},
|
20 |
+
{
|
21 |
+
"id": "3a",
|
22 |
+
"title": "Data Protection - Measures",
|
23 |
+
"content": "The service provider shall implement and maintain appropriate administrative, technical, and organizational security measures to safeguard against unauthorized access, disclosure, or theft of personal data and non-public data within its control. Such security measures shall be in accordance with NIST SP 800-53 (current version) and not less stringent than the measures the service provider applies to its own personal data and non-public data of similar kind."
|
24 |
+
},
|
25 |
+
{
|
26 |
+
"id": "3b",
|
27 |
+
"title": "Data Protection - Property",
|
28 |
+
"content": "All data obtained by the service provider within its control in the performance of this contract shall become and remain property of the public jurisdiction."
|
29 |
+
},
|
30 |
+
{
|
31 |
+
"id": "3c",
|
32 |
+
"title": "Data Protection - Encryption",
|
33 |
+
"content": "Unless otherwise stipulated, all personal data and non-public data shall be encrypted at rest and in transit with controlled access in accordance with NIST SP 800-53 (current version). The SLA and contract document will specify which party is responsible for encryption and access control of the public jurisdiction data for the service model under contract. If the statement of work and the contract are silent, then the public jurisdiction is responsible for encryption and access control."
|
34 |
+
},
|
35 |
+
{
|
36 |
+
"id": "3d",
|
37 |
+
"title": "Data Protection - Identification",
|
38 |
+
"content": "Unless otherwise stipulated, the public jurisdiction is responsible for identifying data it deems as non-public data to the service provider. The level of protection and encryption for all non-public data shall be identified and made a part of this contract."
|
39 |
+
},
|
40 |
+
{
|
41 |
+
"id": "3e",
|
42 |
+
"title": "Data Protection - Confidentiality",
|
43 |
+
"content": "Data or processes that belong to or are intended for the use of a public jurisdiction or its officers, agents, or employees shall never be copied, disclosed, or retained by the service provider or any party related to the service provider for use in any transaction that does not include the public jurisdiction."
|
44 |
+
},
|
45 |
+
{
|
46 |
+
"id": 4,
|
47 |
+
"title": "Data Privacy",
|
48 |
+
"content": "The service provider\u2019s privacy controls must abide by the following:"
|
49 |
+
},
|
50 |
+
{
|
51 |
+
"id": "4a",
|
52 |
+
"title": "Data Privacy - Mining",
|
53 |
+
"content": "No type of data mining may be performed on any public jurisdiction data without permission from the public jurisdiction. This includes mining location data from users of applications running on behalf of the public jurisdiction in accordance with NIST SP 800-53 (current version) Privacy Controls."
|
54 |
+
},
|
55 |
+
{
|
56 |
+
"id": "4b",
|
57 |
+
"title": "Data Privacy - Transfer",
|
58 |
+
"content": "No public jurisdiction data may be sold or transferred to any third party, including service provider affiliates, without permission from the public jurisdiction in accordance with NIST SP 800-53 (current version) Privacy Controls."
|
59 |
+
},
|
60 |
+
{
|
61 |
+
"id": 5,
|
62 |
+
"title": "Data Location",
|
63 |
+
"content": "The service provider shall provide its services to the public jurisdiction and its end users solely from data centers in the U.S. Storage of public jurisdiction data at rest shall be located solely in data centers in the U.S. The service provider shall not allow its personnel or contractors to store public jurisdiction data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The service provider shall permit its personnel and contractors to access public jurisdiction data remotely only as required to provide technical support. The service provider may provide 24/7 technical user support using a Follow the Sun model, unless otherwise prohibited in this contract."
|
64 |
+
},
|
65 |
+
{
|
66 |
+
"id": 6,
|
67 |
+
"title": "Data Access",
|
68 |
+
"content": "The service provider shall be responsible for:"
|
69 |
+
},
|
70 |
+
{
|
71 |
+
"id": "6a",
|
72 |
+
"title": "Data Access - Authentication",
|
73 |
+
"content": "Providing a multifactor authentication access mechanism for all its personnel and contractors to access any system and data management tool that acts upon any public jurisdiction data in accordance with NIST SP 800-53 (current version) Access Controls."
|
74 |
+
},
|
75 |
+
{
|
76 |
+
"id": "6b",
|
77 |
+
"title": "Data Access - Offshore Prevention",
|
78 |
+
"content": "Preventing offshore access by service provider employees and contractors unless explicitly authorized by the public jurisdiction for Follow the Sun technical support under the contract."
|
79 |
+
},
|
80 |
+
{
|
81 |
+
"id": "6c",
|
82 |
+
"title": "Data Access - Retention",
|
83 |
+
"content": "Maintaining government data and allowing the downloading of that data for a minimum period of 90 days after the termination of the agreement between the public jurisdiction and the service provider. After this period, the service provider will destroy/delete the data and all copies wherever they may reside and provide a certificate of destruction/deletion to the public jurisdiction."
|
84 |
+
},
|
85 |
+
{
|
86 |
+
"id": 7,
|
87 |
+
"title": "Import and Export of Data",
|
88 |
+
"content": "The public jurisdiction shall have the ability to import or export data:"
|
89 |
+
},
|
90 |
+
{
|
91 |
+
"id": "7a",
|
92 |
+
"title": "Import and Export of Data - Discretion",
|
93 |
+
"content": "In piecemeal or in entirety at its discretion without interference and with support from the service provider as described in the contract or service level agreement. This includes the ability for the public jurisdiction to import or export data to/from other service providers."
|
94 |
+
},
|
95 |
+
{
|
96 |
+
"id": "7b",
|
97 |
+
"title": "Import and Export of Data - Intervals",
|
98 |
+
"content": "At intervals as frequent as the public jurisdiction requires."
|
99 |
+
},
|
100 |
+
{
|
101 |
+
"id": 8,
|
102 |
+
"title": "Security Incident or Data Breach Notification",
|
103 |
+
"content": "The service provider shall inform the public jurisdiction of any security incident or data breach."
|
104 |
+
},
|
105 |
+
{
|
106 |
+
"id": "8a",
|
107 |
+
"title": "Security Incident - Incident Response",
|
108 |
+
"content": "The service provider may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries, and seeking external expertise as mutually agreed upon, defined by law, or contained in the contract. Discussing security incidents with the public jurisdiction should be handled on an urgent as-needed basis, as part of the service provider's communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract."
|
109 |
+
},
|
110 |
+
{
|
111 |
+
"id": "8b",
|
112 |
+
"title": "Security Incident - Reporting Requirements",
|
113 |
+
"content": "The service provider shall report a security incident to the appropriate public jurisdiction identified contact within the manner and timeframe defined in the SLA."
|
114 |
+
},
|
115 |
+
{
|
116 |
+
"id": "8c",
|
117 |
+
"title": "Security Incident - Breach Reporting",
|
118 |
+
"content": "If the service provider has actual knowledge of a confirmed data breach that affects the security of any public jurisdiction content that is subject to applicable data breach notification law, the service provider shall notify the appropriate public jurisdiction identified contact within [select 24/48/72] hours or sooner, unless a shorter time is required by applicable law, and take commercially reasonable measures to address the data breach in a timely manner."
|
119 |
+
},
|
120 |
+
{
|
121 |
+
"id": 9,
|
122 |
+
"title": "Breach Responsibilities",
|
123 |
+
"content": "This section only applies when a data breach occurs with respect to personal data within the possession or control of a service provider and related to the service provided under this contract."
|
124 |
+
},
|
125 |
+
{
|
126 |
+
"id": "9a",
|
127 |
+
"title": "Breach Responsibilities - Notification",
|
128 |
+
"content": "The service provider, unless stipulated otherwise, shall immediately notify the appropriate public jurisdiction identified contact by telephone in accordance with the agreed-upon security plan or security procedures if it reasonably believes there has been a security incident."
|
129 |
+
},
|
130 |
+
{
|
131 |
+
"id": "9b",
|
132 |
+
"title": "Breach Responsibilities - Cooperation",
|
133 |
+
"content": "The service provider, unless stipulated otherwise, shall notify the appropriate public jurisdiction identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is or reasonably believes that there has been a data breach. The service provider shall (1) cooperate with the public jurisdiction as reasonably requested by the public jurisdiction to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document actions taken in response to the data breach, including any post-incident review of events and changes in business practices."
|
134 |
+
},
|
135 |
+
{
|
136 |
+
"id": "9c",
|
137 |
+
"title": "Breach Responsibilities - Costs",
|
138 |
+
"content": "Unless otherwise stipulated, if a data breach is a direct result of the service provider\u2019s breach of its contract obligation to encrypt personal data or otherwise prevent its release, the service provider shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifying individuals, regulators or others required by state law; (3) providing a credit monitoring service required by state or federal law; (4) providing a website or a toll-free number and call center for affected individuals required by state law; and (5) completing all corrective actions as reasonably determined by the service provider based on root cause. These costs shall not exceed the average per-record, per-person cost calculated for data breaches in the United States in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the data breach. All actions [1 through 5] are subject to this contract\u2019s limitation of liability."
|
139 |
+
},
|
140 |
+
{
|
141 |
+
"id": 10,
|
142 |
+
"title": "Background Checks",
|
143 |
+
"content": "The service provider shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the contract who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The service provider shall promote and maintain an awareness among its employees and agents of the importance of securing the public jurisdiction\u2019s information."
|
144 |
+
},
|
145 |
+
{
|
146 |
+
"id": 11,
|
147 |
+
"title": "Non-Disclosure and Separation of Duties",
|
148 |
+
"content": "The service provider shall enforce separation of job duties, require commercially reasonable non-disclosure agreements and limit staff knowledge of public jurisdiction data to that which is absolutely necessary to perform job duties."
|
149 |
+
},
|
150 |
+
{
|
151 |
+
"id": 12,
|
152 |
+
"title": "Right to Remove Individuals",
|
153 |
+
"content": "The public jurisdiction may at any time require that the service provider remove from interaction with the public jurisdiction any service provider representative who the public jurisdiction believes is detrimental to its working relationship with the service provider. The public jurisdiction shall notify the service provider of its determination and its reasons for requesting the removal. If the public jurisdiction signifies that a potential security violation exists with respect to the request, the service provider shall immediately remove such an individual. The service provider shall not assign the person to any aspect of the contract or future work orders without the public jurisdiction\u2019s consent."
|
154 |
+
}
|
155 |
+
]
|
156 |
+
}
|
157 |
+
]
|
contracts/clauses/paas_clauses.json
ADDED
@@ -0,0 +1,157 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
+
[
|
2 |
+
{
|
3 |
+
"service_model": "PaaS",
|
4 |
+
"clauses": [
|
5 |
+
{
|
6 |
+
"id": 1,
|
7 |
+
"title": "Definition of terms",
|
8 |
+
"content": "Platform-as-a-Service (PaaS) as used in this document is the capability provided to the consumer to deploy onto a cloud infrastructure consumer-created or acquired applications that are created using programming languages and tools supported by the provider. This capability does not necessarily preclude the use of compatible programming languages, libraries, services, and tools from other sources. The consumer does not manage or control the underlying cloud infrastructure, including network, servers, operating systems, or storage, but has control over the deployed applications and possibly application hosting environment configurations."
|
9 |
+
},
|
10 |
+
{
|
11 |
+
"id": 2,
|
12 |
+
"title": "Data Ownership",
|
13 |
+
"content": "The public jurisdiction will own all right, title, and interest in its data that is related to the services provided by this contract. The service provider shall not access public jurisdiction user accounts or public jurisdiction data except (1) during data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this contract, or (4) at the public jurisdiction\u2019s written request."
|
14 |
+
},
|
15 |
+
{
|
16 |
+
"id": 3,
|
17 |
+
"title": "Data Protection",
|
18 |
+
"content": "Protection of personal privacy and data shall be an integral part of the business activities of the service provider to ensure there is no inappropriate or unauthorized use of public jurisdiction information at any time. The service provider shall safeguard the confidentiality, integrity, and availability of public jurisdiction information within its control and comply with the following conditions:"
|
19 |
+
},
|
20 |
+
{
|
21 |
+
"id": "3a",
|
22 |
+
"title": "Data Protection - Measures",
|
23 |
+
"content": "The service provider shall implement and maintain appropriate administrative, technical, and organizational security measures to safeguard against unauthorized access, disclosure, or theft of personal data and non-public data within its control. Such security measures shall be in accordance with {{ Framework }} and not less stringent than the measures the service provider applies to its own personal data and non-public data of similar kind."
|
24 |
+
},
|
25 |
+
{
|
26 |
+
"id": "3b",
|
27 |
+
"title": "Data Protection - Property",
|
28 |
+
"content": "All data obtained by the service provider within its control in the performance of this contract shall become and remain property of the public jurisdiction."
|
29 |
+
},
|
30 |
+
{
|
31 |
+
"id": "3c",
|
32 |
+
"title": "Data Protection - Encryption",
|
33 |
+
"content": "Unless otherwise stipulated, all personal data and non-public data shall be encrypted at rest and in transit with controlled access in accordance with {{ Framework }}. The SLA and contract document will specify which party is responsible for encryption and access control of the public jurisdiction data for the service model under contract. If the statement of work and the contract are silent, then the public jurisdiction is responsible for encryption and access control."
|
34 |
+
},
|
35 |
+
{
|
36 |
+
"id": "3d",
|
37 |
+
"title": "Data Protection - Identification",
|
38 |
+
"content": "Unless otherwise stipulated, the public jurisdiction is responsible for identifying data it deems as non-public data to the service provider. The level of protection and encryption for all non-public data shall be identified and made a part of this contract."
|
39 |
+
},
|
40 |
+
{
|
41 |
+
"id": "3e",
|
42 |
+
"title": "Data Protection - Confidentiality",
|
43 |
+
"content": "Data or processes that belong to or are intended for the use of a public jurisdiction or its officers, agents, or employees shall never be copied, disclosed, or retained by the service provider or any party related to the service provider for use in any transaction that does not include the public jurisdiction."
|
44 |
+
},
|
45 |
+
{
|
46 |
+
"id": 4,
|
47 |
+
"title": "Data Privacy",
|
48 |
+
"content": "The service provider\u2019s privacy controls must abide by the following:"
|
49 |
+
},
|
50 |
+
{
|
51 |
+
"id": "4a",
|
52 |
+
"title": "Data Privacy - Mining",
|
53 |
+
"content": "No type of data mining may be performed on any public jurisdiction data without permission from the public jurisdiction. This includes mining location data from users of applications running on behalf of the public jurisdiction in accordance with {{ Framework }} Privacy Controls."
|
54 |
+
},
|
55 |
+
{
|
56 |
+
"id": "4b",
|
57 |
+
"title": "Data Privacy - Transfer",
|
58 |
+
"content": "No public jurisdiction data may be sold or transferred to any third party, including service provider affiliates, without permission from the public jurisdiction in accordance with {{ Framework }} Privacy Controls."
|
59 |
+
},
|
60 |
+
{
|
61 |
+
"id": 5,
|
62 |
+
"title": "Data Location",
|
63 |
+
"content": "The service provider shall provide its services to the public jurisdiction and its end users solely from data centers in the U.S. Storage of public jurisdiction data at rest shall be located solely in data centers in the U.S. The service provider shall not allow its personnel or contractors to store public jurisdiction data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The service provider shall permit its personnel and contractors to access public jurisdiction data remotely only as required to provide technical support. The service provider may provide 24/7 technical user support using a Follow the Sun model, unless otherwise prohibited in this contract."
|
64 |
+
},
|
65 |
+
{
|
66 |
+
"id": 6,
|
67 |
+
"title": "Data Access",
|
68 |
+
"content": "The service provider shall be responsible for:"
|
69 |
+
},
|
70 |
+
{
|
71 |
+
"id": "6a",
|
72 |
+
"title": "Data Access - Authentication",
|
73 |
+
"content": "Providing a multifactor authentication access mechanism for all its personnel and contractors to access any system and data management tool that acts upon any public jurisdiction data in accordance with {{ Framework }} Access Controls."
|
74 |
+
},
|
75 |
+
{
|
76 |
+
"id": "6b",
|
77 |
+
"title": "Data Access - Offshore Prevention",
|
78 |
+
"content": "Preventing offshore access by service provider employees and contractors unless explicitly authorized by the public jurisdiction for Follow the Sun technical support under the contract."
|
79 |
+
},
|
80 |
+
{
|
81 |
+
"id": "6c",
|
82 |
+
"title": "Data Access - Retention",
|
83 |
+
"content": "Maintaining government data and allowing the downloading of that data for a minimum period of 90 days after the termination of the agreement between the public jurisdiction and the service provider. After this period, the service provider will destroy/delete the data and all copies wherever they may reside and provide a certificate of destruction/deletion to the public jurisdiction."
|
84 |
+
},
|
85 |
+
{
|
86 |
+
"id": 7,
|
87 |
+
"title": "Import and Export of Data",
|
88 |
+
"content": "The public jurisdiction shall have the ability to import or export data:"
|
89 |
+
},
|
90 |
+
{
|
91 |
+
"id": "7a",
|
92 |
+
"title": "Import and Export of Data - Discretion",
|
93 |
+
"content": "In piecemeal or in entirety at its discretion without interference and with support from the service provider as described in the contract or service level agreement. This includes the ability for the public jurisdiction to import or export data to/from other service providers."
|
94 |
+
},
|
95 |
+
{
|
96 |
+
"id": "7b",
|
97 |
+
"title": "Import and Export of Data - Intervals",
|
98 |
+
"content": "At intervals as frequent as the public jurisdiction requires."
|
99 |
+
},
|
100 |
+
{
|
101 |
+
"id": 8,
|
102 |
+
"title": "Security Incident or Data Breach Notification",
|
103 |
+
"content": "The service provider shall inform the public jurisdiction of any security incident or data breach."
|
104 |
+
},
|
105 |
+
{
|
106 |
+
"id": "8a",
|
107 |
+
"title": "Security Incident - Incident Response",
|
108 |
+
"content": "The service provider may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries, and seeking external expertise as mutually agreed upon, defined by law, or contained in the contract. Discussing security incidents with the public jurisdiction should be handled on an urgent as-needed basis, as part of the service provider's communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract."
|
109 |
+
},
|
110 |
+
{
|
111 |
+
"id": "8b",
|
112 |
+
"title": "Security Incident - Reporting Requirements",
|
113 |
+
"content": "The service provider shall report a security incident to the appropriate public jurisdiction identified contact within the manner and timeframe defined in the SLA."
|
114 |
+
},
|
115 |
+
{
|
116 |
+
"id": "8c",
|
117 |
+
"title": "Security Incident - Breach Reporting",
|
118 |
+
"content": "If the service provider has actual knowledge of a confirmed data breach that affects the security of any public jurisdiction content that is subject to applicable data breach notification law, the service provider shall notify the appropriate public jurisdiction identified contact within [select 24/48/72] hours or sooner, unless a shorter time is required by applicable law, and take commercially reasonable measures to address the data breach in a timely manner."
|
119 |
+
},
|
120 |
+
{
|
121 |
+
"id": 9,
|
122 |
+
"title": "Breach Responsibilities",
|
123 |
+
"content": "This section only applies when a data breach occurs with respect to personal data within the possession or control of a service provider and related to the service provided under this contract."
|
124 |
+
},
|
125 |
+
{
|
126 |
+
"id": "9a",
|
127 |
+
"title": "Breach Responsibilities - Notification",
|
128 |
+
"content": "The service provider, unless stipulated otherwise, shall immediately notify the appropriate public jurisdiction identified contact by telephone in accordance with the agreed-upon security plan or security procedures if it reasonably believes there has been a security incident."
|
129 |
+
},
|
130 |
+
{
|
131 |
+
"id": "9b",
|
132 |
+
"title": "Breach Responsibilities - Cooperation",
|
133 |
+
"content": "The service provider, unless stipulated otherwise, shall notify the appropriate public jurisdiction identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is or reasonably believes that there has been a data breach. The service provider shall (1) cooperate with the public jurisdiction as reasonably requested by the public jurisdiction to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document actions taken in response to the data breach, including any post-incident review of events and changes in business practices."
|
134 |
+
},
|
135 |
+
{
|
136 |
+
"id": "9c",
|
137 |
+
"title": "Breach Responsibilities - Costs",
|
138 |
+
"content": "Unless otherwise stipulated, if a data breach is a direct result of the service provider\u2019s breach of its contract obligation to encrypt personal data or otherwise prevent its release, the service provider shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifying individuals, regulators or others required by state law; (3) providing a credit monitoring service required by state or federal law; (4) providing a website or a toll-free number and call center for affected individuals required by state law; and (5) completing all corrective actions as reasonably determined by the service provider based on root cause. These costs shall not exceed the average per-record, per-person cost calculated for data breaches in the United States in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the data breach. All actions [1 through 5] are subject to this contract\u2019s limitation of liability."
|
139 |
+
},
|
140 |
+
{
|
141 |
+
"id": 10,
|
142 |
+
"title": "Background Checks",
|
143 |
+
"content": "The service provider shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the contract who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The service provider shall promote and maintain an awareness among its employees and agents of the importance of securing the public jurisdiction\u2019s information."
|
144 |
+
},
|
145 |
+
{
|
146 |
+
"id": 11,
|
147 |
+
"title": "Non-Disclosure and Separation of Duties",
|
148 |
+
"content": "The service provider shall enforce separation of job duties, require commercially reasonable non-disclosure agreements and limit staff knowledge of public jurisdiction data to that which is absolutely necessary to perform job duties."
|
149 |
+
},
|
150 |
+
{
|
151 |
+
"id": 12,
|
152 |
+
"title": "Right to Remove Individuals",
|
153 |
+
"content": "The public jurisdiction may at any time require that the service provider remove from interaction with the public jurisdiction any service provider representative who the public jurisdiction believes is detrimental to its working relationship with the service provider. The public jurisdiction shall notify the service provider of its determination and its reasons for requesting the removal. If the public jurisdiction signifies that a potential security violation exists with respect to the request, the service provider shall immediately remove such an individual. The service provider shall not assign the person to any aspect of the contract or future work orders without the public jurisdiction\u2019s consent."
|
154 |
+
}
|
155 |
+
]
|
156 |
+
}
|
157 |
+
]
|
contracts/clauses/saas_clauses.json
ADDED
@@ -0,0 +1,162 @@
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
1 |
+
[
|
2 |
+
{
|
3 |
+
"service_model": "SaaS",
|
4 |
+
"clauses": [
|
5 |
+
{
|
6 |
+
"id": 1,
|
7 |
+
"title": "Definition of terms",
|
8 |
+
"content": "Software-as-a-Service (SaaS) as used in this document is the capability provided to the consumer to use the provider\u2019s applications running on a cloud infrastructure. The applications are accessible from various client devices through a thin-client interface such as a web browser (e.g., web-based email) or a program interface. The consumer does not manage or control the underlying cloud infrastructure, including network, servers, operating systems, storage or individual application capabilities, with the possible exception of limited user-specific application configuration settings."
|
9 |
+
},
|
10 |
+
{
|
11 |
+
"id": 2,
|
12 |
+
"title": "Data Ownership",
|
13 |
+
"content": "The public jurisdiction will own all right, title and interest in its data that is related to the services provided by this contract. The service provider shall not access public jurisdiction user accounts or public jurisdiction data except (1) during data center operations, (2) in response to service or technical issues, (3) as required by the express terms of this contract or (4) at the public jurisdiction\u2019s written request."
|
14 |
+
},
|
15 |
+
{
|
16 |
+
"id": 3,
|
17 |
+
"title": "Data Protection",
|
18 |
+
"content": "Protection of personal privacy and data shall be an integral part of the business activities of the service provider to ensure there is no inappropriate or unauthorized use of public jurisdiction information at any time. The service provider shall safeguard the confidentiality, integrity and availability of public jurisdiction information and comply with the following conditions:"
|
19 |
+
},
|
20 |
+
{
|
21 |
+
"id": "3a",
|
22 |
+
"title": "Data Protection - Measures",
|
23 |
+
"content": "The service provider shall implement and maintain appropriate administrative, technical and organizational security measures to safeguard against unauthorized access, disclosure or theft of personal data and non-public data. Such security measures shall be in accordance with {{ Framework }} and not less stringent than the measures the service provider applies to its own personal data and non-public data of similar kind."
|
24 |
+
},
|
25 |
+
{
|
26 |
+
"id": "3b",
|
27 |
+
"title": "Data Protection - Property",
|
28 |
+
"content": "All data obtained by the service provider in the performance of this contract shall become and remain property of the public jurisdiction."
|
29 |
+
},
|
30 |
+
{
|
31 |
+
"id": "3c",
|
32 |
+
"title": "Data Protection - Encryption",
|
33 |
+
"content": "Unless otherwise stipulated, all personal data and non-public data shall be encrypted at rest and in transit with controlled access in accordance with {{ Framework }}. Unless otherwise stipulated, the service provider is responsible for encryption of the personal data. Any stipulation of responsibilities will identify specific roles and responsibilities and shall be included in the SLA or otherwise made a part of this contract."
|
34 |
+
},
|
35 |
+
{
|
36 |
+
"id": "3d",
|
37 |
+
"title": "Data Protection - Identification",
|
38 |
+
"content": "Unless otherwise stipulated, the public jurisdiction is responsible for identifying data it deems as non-public data to the service provider. The level of protection and encryption for all non-public data shall be identified and made a part of this contract."
|
39 |
+
},
|
40 |
+
{
|
41 |
+
"id": "3e",
|
42 |
+
"title": "Data Protection - Confidentiality",
|
43 |
+
"content": "Data or processes which belong to or are intended for the use of a public jurisdiction or its officers, agents or employees shall never be copied, disclosed or retained by the service provider or any party related to the service provider for use in any transaction that does not include the public jurisdiction."
|
44 |
+
},
|
45 |
+
{
|
46 |
+
"id": "3f",
|
47 |
+
"title": "Data Protection - Usage",
|
48 |
+
"content": "The service provider shall not use any information collected in connection with the service issued from this contract for any purpose other than fulfilling the service."
|
49 |
+
},
|
50 |
+
{
|
51 |
+
"id": 4,
|
52 |
+
"title": "Data Privacy",
|
53 |
+
"content": "The service provider\u2019s privacy controls must abide by the following:"
|
54 |
+
},
|
55 |
+
{
|
56 |
+
"id": "4a",
|
57 |
+
"title": "Data Privacy - Mining",
|
58 |
+
"content": "No type of data mining may be performed on any public jurisdiction data without permission from the public jurisdiction. This includes mining location data from users of applications running on behalf of the public jurisdiction in accordance with {{ Framework }} Privacy Controls."
|
59 |
+
},
|
60 |
+
{
|
61 |
+
"id": "4b",
|
62 |
+
"title": "Data Privacy - Transfer",
|
63 |
+
"content": "No public jurisdiction data may be sold or transferred to any third party, including service provider affiliates, without permission from the public jurisdiction in accordance with {{ Framework }} Privacy Controls."
|
64 |
+
},
|
65 |
+
{
|
66 |
+
"id": 5,
|
67 |
+
"title": "Data Location",
|
68 |
+
"content": "The service provider shall provide its services to the public jurisdiction and its end users solely from data centers in the U.S. Storage of public jurisdiction data at rest shall be located solely in data centers in the U.S in accordance with {{ Framework }}. The service provider shall not allow its personnel or contractors to store public jurisdiction data on portable devices, including personal computers, except for devices that are used and kept only at its U.S. data centers. The service provider shall permit its personnel and contractors to access public jurisdiction data remotely only as required to provide technical support. The service provider may provide 24/7 technical user support using a Follow the Sun model, unless otherwise prohibited in this contract."
|
69 |
+
},
|
70 |
+
{
|
71 |
+
"id": 6,
|
72 |
+
"title": "Data Access",
|
73 |
+
"content": "The service provider is responsible for:"
|
74 |
+
},
|
75 |
+
{
|
76 |
+
"id": "6a",
|
77 |
+
"title": "Data Access - Authentication",
|
78 |
+
"content": "Providing a multifactor authentication access mechanism for all its personnel and contractors to access any system and data management tool which acts upon any public jurisdiction data in accordance with {{ Framework }} Access Controls."
|
79 |
+
},
|
80 |
+
{
|
81 |
+
"id": "6b",
|
82 |
+
"title": "Data Access - Offshore Prevention",
|
83 |
+
"content": "Preventing offshore access by service provider employees and contractors unless explicitly authorized by the public jurisdiction for Follow the Sun technical support under the contract."
|
84 |
+
},
|
85 |
+
{
|
86 |
+
"id": "6c",
|
87 |
+
"title": "Data Access - Retention",
|
88 |
+
"content": "Maintaining government data and allowing the downloading of that data for a minimum period of 90 days after the termination of the agreement between the public jurisdiction and the service provider. After this period, the service provider will destroy/delete the data and all copies wherever they may reside and provide a certificate of destruction/deletion to the public jurisdiction."
|
89 |
+
},
|
90 |
+
{
|
91 |
+
"id": 7,
|
92 |
+
"title": "Import and Export of Data",
|
93 |
+
"content": "The public jurisdiction shall have the ability to import or export data:"
|
94 |
+
},
|
95 |
+
{
|
96 |
+
"id": "7a",
|
97 |
+
"title": "Import and Export of Data - Discretion",
|
98 |
+
"content": "In piecemeal or in entirety at its discretion without interference and with support from the service provider as described in the contract or service level agreement. This includes the ability for the public jurisdiction to import or export data to/from other service providers."
|
99 |
+
},
|
100 |
+
{
|
101 |
+
"id": "7b",
|
102 |
+
"title": "Import and Export of Data - Intervals",
|
103 |
+
"content": "At intervals as frequent as the public jurisdiction requires."
|
104 |
+
},
|
105 |
+
{
|
106 |
+
"id": 8,
|
107 |
+
"title": "Security Incident or Data Breach Notification",
|
108 |
+
"content": "The service provider shall inform the public jurisdiction of any security incident or data breach."
|
109 |
+
},
|
110 |
+
{
|
111 |
+
"id": "8a",
|
112 |
+
"title": "Security Incident - Incident Response",
|
113 |
+
"content": "The service provider may need to communicate with outside parties regarding a security incident, which may include contacting law enforcement, fielding media inquiries and seeking external expertise as mutually agreed upon, defined by law or contained in the contract. Discussing security incidents with the public jurisdiction should be handled on an urgent as-needed basis, as part of service provider communication and mitigation processes as mutually agreed upon, defined by law or contained in the contract."
|
114 |
+
},
|
115 |
+
{
|
116 |
+
"id": "8b",
|
117 |
+
"title": "Security Incident - Reporting Requirements",
|
118 |
+
"content": "The service provider shall report a security incident to the appropriate public jurisdiction identified contact within the manner and timeframe defined in the SLA."
|
119 |
+
},
|
120 |
+
{
|
121 |
+
"id": "8c",
|
122 |
+
"title": "Security Incident - Breach Reporting",
|
123 |
+
"content": "If the service provider has actual knowledge of a confirmed data breach that affects the security of any public jurisdiction content that is subject to applicable data breach notification law, the service provider shall notify the appropriate public jurisdiction identified contact within [select 24/48/72] hours or sooner, unless shorter time is required by applicable law, and take commercially reasonable measures to address the data breach in a timely manner."
|
124 |
+
},
|
125 |
+
{
|
126 |
+
"id": 9,
|
127 |
+
"title": "Breach Responsibilities",
|
128 |
+
"content": "This section only applies when a data breach occurs with respect to personal data within the possession or control of the service provider."
|
129 |
+
},
|
130 |
+
{
|
131 |
+
"id": "9a",
|
132 |
+
"title": "Breach Responsibilities - Notification",
|
133 |
+
"content": "The service provider, unless stipulated otherwise, shall immediately notify the appropriate public jurisdiction identified contact by telephone in accordance with the agreed upon security plan or security procedures if the service provider reasonably believes there has been a security incident."
|
134 |
+
},
|
135 |
+
{
|
136 |
+
"id": "9b",
|
137 |
+
"title": "Breach Responsibilities - Cooperation",
|
138 |
+
"content": "The service provider, unless stipulated otherwise, shall notify the appropriate public jurisdiction identified contact within 24 hours or sooner by telephone, unless shorter time is required by applicable law, if it confirms that there is or reasonably believes that there has been a data breach. The service provider shall (1) cooperate with the public jurisdiction as reasonably requested by the public jurisdiction to investigate and resolve the data breach, (2) promptly implement necessary remedial measures, if necessary, and (3) document actions taken in response to the data breach, including any post-incident review of events and changes in business practices."
|
139 |
+
},
|
140 |
+
{
|
141 |
+
"id": "9c",
|
142 |
+
"title": "Breach Responsibilities - Costs",
|
143 |
+
"content": "Unless otherwise stipulated, if a data breach is a direct result of the service provider\u2019s breach of its contract obligation to encrypt personal data or otherwise prevent its release, the service provider shall bear the costs associated with (1) the investigation and resolution of the data breach; (2) notifying individuals, regulators or others required by state law; (3) providing a credit monitoring service required by state or federal law; (4) providing a website or a toll-free number and call center for affected individuals required by state law; and (5) completing all corrective actions as reasonably determined by the service provider based on root cause. These costs shall not exceed the average per-record, per-person cost calculated for data breaches in the United States in the most recent Cost of Data Breach Study: Global Analysis published by the Ponemon Institute at the time of the data breach. All actions [1 through 5] are subject to this contract\u2019s limitation of liability."
|
144 |
+
},
|
145 |
+
{
|
146 |
+
"id": 10,
|
147 |
+
"title": "Background Checks",
|
148 |
+
"content": "The service provider shall conduct criminal background checks and not utilize any staff, including subcontractors, to fulfill the obligations of the contract who have been convicted of any crime of dishonesty, including but not limited to criminal fraud, or otherwise convicted of any felony or misdemeanor offense for which incarceration for up to 1 year is an authorized penalty. The service provider shall promote and maintain an awareness among its employees and agents of the importance of securing the public jurisdiction\u2019s information."
|
149 |
+
},
|
150 |
+
{
|
151 |
+
"id": 11,
|
152 |
+
"title": "Non-Disclosure and Separation of Duties",
|
153 |
+
"content": "The service provider shall enforce separation of job duties, require commercially reasonable non-disclosure agreements and limit staff knowledge of public jurisdiction data to that which is absolutely necessary to perform job duties."
|
154 |
+
},
|
155 |
+
{
|
156 |
+
"id": 12,
|
157 |
+
"title": "Right to Remove Individuals",
|
158 |
+
"content": "The public jurisdiction may at any time require that the service provider remove from interaction with the public jurisdiction any service provider representative who the public jurisdiction believes is detrimental to its working relationship with the service provider. The public jurisdiction shall notify the service provider of its determination and its reasons for requesting the removal. If the public jurisdiction signifies that a potential security violation exists with respect to the request, the service provider shall immediately remove such individual. The service provider shall not assign the person to any aspect of the contract or future work orders without the public jurisdiction\u2019s consent."
|
159 |
+
}
|
160 |
+
]
|
161 |
+
}
|
162 |
+
]
|