Integrating Data Privacy and Cybersecurity Provisions in Your IP Licenses and Commercial Agreements

It is difficult to discuss intellectual property and information technology transactions without also discussing cybersecurity and data protection. From simple agreements to complex transactions, whether negotiating a $20K cloud services agreement or a $200M strategic acquisition, practitioners must be prepared to identify cybersecurity risks and negotiate appropriate privacy and data protection provisions in their agreements. Advances in technology mean that a more sophisticated legal analysis is required to further protect clients from first and third party cyber-risks.

This course, taught by Baker & Hostetler attorney Lavonne Burke Hopkins, provides a brief overview of the cybersecurity frameworks and data protection laws most relevant to commercial and technology transactions, and discusses suggested provisions to include in software license and IT agreements, cloud service agreements, outsourcing agreements and stock purchase and contribution agreements. The course will also briefly discuss the challenges associated with negotiating agreements for Internet of Things (IoT) products and services and those unique risks.

Learning Objectives: 

1. Understand the data protection laws most relevant to commercial and technology transactions
2. Identify the appropriate privacy and data protection provisions, representations, warranties, and covenants to include in transactional documents
3. Discuss the unique challenges associated with negotiating agreements for IoT products and services