Notification of Security Incident Clause Samples
The Notification of Security Incident clause requires a party to promptly inform the other party if a security breach or data incident occurs that could affect shared or protected information. Typically, this clause outlines the timeframe for notification, the type of information that must be disclosed (such as the nature and scope of the incident), and any follow-up actions required, like cooperating with investigations or remediation efforts. Its core function is to ensure transparency and enable timely responses to security threats, thereby minimizing potential harm and maintaining trust between the parties.
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Notification of Security Incident. Business Associate agrees to report to Covered Entity any successful Security Incident within [insert number of days] days of the date on which the Business Associate becomes aware of such successful Security Incident.36 33 See 45 CFR § 164.410(c)(2). 34 See 45 CFR § 164.412. 35 HIPAA and HITECH require this provision to be in all business associate agreements although the regulations do not specify a manner and time of notification. See 45 CFR § 164.504(e)(2)(ii)(C). Note that this obligation to notify a covered entity of unauthorized or improper use or disclosure is separate from and in addition to the breach notification requirements described in Paragraph C.1 of this Agreement and corresponding footnote which applies specifically to unsecured PHI.
Notification of Security Incident. The Advertiser will notify the Company without undue delay, and, in any event within forty-eight
Notification of Security Incident. In the event of a Security Incident, Representative shall notify Brightspeed without undue delay, and in no event later than forty-eight (48) hours after the initial detection of a Security Incident by contacting Brightspeed’s Cyber Incident Response Team at ▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. Such notification shall include all information necessary for Brightspeed to expeditiously respond to the incident and comply with applicable Law, including, to the extent possible,
(a) a description of the Security Incident, including the suspected cause, the nature of the information affected, the categories and approximate number of Data Subjects affected, the categories and approximate number of records involved, and a description of the current and any anticipated impact, and the likely consequences thereof; (b) the expected resolution time (if it has not already been resolved); (c) attack vector, if known; (d) whether a forensics company was engaged (e) corrective measures to be taken, evaluation of alternatives, and next steps; and (f) the name and phone number of the Representative that Brightspeed may contact to obtain further information and updates.
Notification of Security Incident. BNYM shall notify the Fund of any unauthorized access to or use of or loss or theft of unencrypted Personal Information from BNYM’s computer systems, from persons or property under BNYM’s control, or due to any act or failure to act of BNYM, which all such cases causes, is reasonably believed to have caused or is reasonably believed to pose a material risk of identity theft, fraud or other misuse or would require notification to affected individuals under applicable law or regulatory guideline (“Security Breach”) as soon as practicable after a reasonable opportunity to conduct a full investigation of the circumstances of the Security Breach, a determination in accordance with BNYM’s security breach procedures that a Security Breach has occurred and a determination of all material details of the Security Breach, and shall (i) promptly take commercially reasonable measures to prevent any further unauthorized access to or use of or loss or theft of unencrypted Personal Information on account of the Security Breach, (ii) take commercially reasonable measures to prevent a recurrence of the events or circumstances underlying the particular Security Breach, (iii) provide such information and cooperation as may be reasonably requested by law enforcement agencies and regulatory agencies having jurisdiction over the Fund; and (iv) provide the Fund in writing with a (A) description of the Security Breach, (B) its assessment of the risk of identity theft, fraud or other misuse posed by the Security Breach, and (C) a description of the actions taken or to be taken by BNYM pursuant to clauses (i) and (ii) above. BNYM shall provide such assistance as the Fund may reasonably request to enable the Fund to prepare any customer notifications required by applicable law or regulations due to the Security Breach.
Notification of Security Incident. 5.1 In the case of a Personal Data Breach, Compute Software shall promptly, without undue delay, notify Customer of the Personal Data Breach. To the extent that Compute Software has access to such information at the time of the notification, such notification shall (i) describe the nature of the Personal Data Breach, without limitation, the categories and approximate number of Data Subjects concerned and the categories and approximate number of Personal Data records concerned, (ii) describe the likely consequences of the Personal Data Breach, and (iii) describe the measures proposed to be taken by Compute Software to address the Personal Data Breach (provided Compute Software will only implement measures such as contacting Data Subjects or notifying the relevant regulator on the instruction of Customer), including, where appropriate, measures to mitigate its possible adverse effects. Where, but only to the extent that it is not possible to provide such information at the same time as the notification of the Personal Data Breach, the information may be provided at a later time but in event as soon as reasonably practicable, and in any event, in sufficient time to enable Customer to meet the applicable deadlines under Applicable Data Protection Laws.
Notification of Security Incident. Freelancer will notify Upwork Client of any actual or suspected security incident involving Personal Information as soon as possible after becoming aware of the incident, but never later than 24 hours after learning of the incident. Freelancer will cooperate with Upwork Client on any investigation of the security incident. A “security incident” is a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Personal Information transmitted, stored or otherwise processed.
Notification of Security Incident. If Gigamon becomes aware of a Security Incident, Gigamon will
(a) promptly take reasonable steps to investigate the Security Incident and (b) notify Customer of the Security Incident without undue delay (and in any event within 72 hours).
Notification of Security Incident. Business Associate agrees to report to Covered Entity any successful Security Incident within [insert number of days] days of the date on which the Business Associate becomes aware of such successful Security Incident.36
Notification of Security Incident. The Specialty Pharmacy agrees to report to PBM immediately upon becoming aware of any use or disclosure of TennCare enrollee PHI or of any security incident of which Specialty Pharmacy becomes aware.
Notification of Security Incident. The Pharmacy agrees to report to PBM immediately upon becoming aware of any use or disclosure of TennCare enrollee PHI or of any security incident of which Pharmacy becomes aware.
m) The Pharmacy shall implement all appropriate administrative, technical and physical safeguards to prevent the use or disclosure of PHI other than pursuant to the terms and conditions of the Agreement, including, but not limited to, confidentiality requirements in 45 CFR parts 160 and 164;
n) The Pharmacy shall set up appropriate mechanisms to ensure minimum necessary access of its staff to PHI;
o) The Pharmacy shall create and implement policies and procedures to address present and future HIPAA regulation requirements as needed to include: use and disclosure of data; de-identification of data; minimum necessary access; accounting of disclosures; enrollees’ rights to amend, access, request restrictions, and the right to file a complaint;
p) The Pharmacy shall provide an appropriate level of training to its staff and enrollees regarding HIPAA related policies, procedures, enrollee rights and penalties prior to the HIPAA implementation deadlines and at appropriate intervals thereafter;
q) The Pharmacy shall be allowed to use and receive PHI from PBM and /or TennCare where necessary for the management and administration of the Agreement and to carry out business operations;
r) The Pharmacy shall be permitted to use and disclose PHI for the Pharmacy’s own legal responsibilities;
s) The Pharmacy shall adopt the appropriate procedures and access safeguards to restrict and regulate access to and use by Pharmacy employees and other persons performing work for said Pharmacy to have only minimum necessary access to individually identifiable information within their organization;
t) The Pharmacy shall continue to protect PHI relating to individuals who are deceased;
u) The Pharmacy must make available PHI in accordance with 45 CFR § 164.524;
v) The Pharmacy must make available PHI for amendment and incorporate any amendments to PHI in accordance with 45 CFR §164.526.
6.6.2 In accordance with HIPAA regulations, Pharmacy shall, at a minimum, adhere to the following guidelines:
a) Pharmacy shall make its individually identifiable health information available to enrollees for amendment and access as specified and restricted under the HIPAA regulations;
b) Pharmacy shall adopt and implement policies and procedures for minimum necessary access to individually identifiable health information wi...