Common use of Duty to Provide Secure Data Clause in Contracts

Duty to Provide Secure Data. The Contractor will maintain the security of State of Florida Data including, but not limited to, a secure area around any display of such State of Florida Data or State of Florida Data that is otherwise visible. The Contractor will also comply with all state and federal rules and regulations, as well as industry standards, related to security of information and cybersecurity . This includes, but is not limited to, Chapter 282, F.S., Rule Chapter 60GG-2, F.A.C., and all requirements set forth in the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009, and their implementing regulations, as amended. The Contractor agrees to cooperate with the Department and perform all actions necessary to assist with all tasks in furtherance of the Department’s efforts to comply with the obligations under Chapters 60FF and 60GG of the Florida Administrative Code, as applicable. State of Florida Data cannot be disclosed to any person or entity that is not directly approved to participate in this Contract. In the event of loss of any State of Florida Data or record where such loss is due to the negligence of Contractor or any of its Subcontractors or agents, Contractor shall be fully responsible for recreating such lost State of Florida Data in the manner and on the schedule set by the Department, in addition to any other damages the Department may be entitled to by law or this Contract. Contractor shall bear the full cost for recreating any lost State of Florida Data and will not be entitled to any compensation by the Department for those costs. This subsection shall survive termination of this Contract.

Duty to Provide Secure Data. The Contractor will maintain the security of State of Florida Data including, but not limited to, a secure area around any display of such State of Florida Data or State of Florida Data that is otherwise visible. The Contractor will also comply with all state and federal rules and regulations, as well as industry standards, related to security of information and cybersecurity . This includes, but is not limited to, Chapter 282, F.S., Rule Chapter 60GG-2, F.A.C., and all requirements set forth in the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act of 2009, 2009 and their implementing regulations, as amended. The Contractor agrees to cooperate with the Department and perform all actions necessary to assist with all tasks in furtherance of the Department’s efforts to comply with the obligations under Chapters 60FF and 60GG of the Florida Administrative Code, as applicable. State of Florida Data cannot be disclosed to any person or entity that is not directly approved to participate in this Contract. In the event of loss of any State of Florida Data or record where such loss is due to the negligence of Contractor or any of its Subcontractors or agents, Contractor shall be fully responsible for recreating such lost State of Florida Data in the manner and on the schedule set by the Department, in addition to any other damages the Department may be entitled to by law or this Contract. Contractor shall bear the full cost for recreating any lost State of Florida Data and will not be entitled to any compensation by the Department for those costs. This subsection shall survive termination of this Contract.