Outsourcing a web application and storing customer data in the vendor’s public cloud involves transferring some of the organization’s data processing and storage functions to a third-party service provider. This can bring benefits such as cost savings, scalability, and flexibility, but it also introduces risks such as data breaches, unauthorized access, compliance violations, and loss of control12.
To protect customer data, it is most important to ensure that the vendor’s responsibilities are defined in the contract. A contract is a legally binding agreement that specifies the terms and conditions of the outsourcing relationship, such as the scope, duration, quality, and cost of the services, as well as the rights and obligations of both parties. A contract should also address the following aspects of data protection :
Data ownership: The contract should clearly state that the organization retains the ownership and control of its customer data, and that the vendor has no rights to use, disclose, or retain the data for any purpose other than providing the agreed services.
Data security: The contract should define the minimum security standards and controls that the vendor must implement and maintain to protect the customer data from unauthorized or accidental access, use, disclosure, modification, or destruction. The contract should also specify the security certifications or audits that the vendor must comply with or undergo to demonstrate its security posture.
Data privacy: The contract should ensure that the vendor complies with the applicable data privacy laws and regulations that govern the collection, processing, and transfer of customer data, such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA). The contract should also require the vendor to obtain the consent of the customers before collecting or sharing their data, and to respect their rights to access, correct, delete, or restrict their data.
Data breach notification: The contract should establish the procedures and timelines for the vendor to notify the organization and the relevant authorities in the event of a data breach or security incident that affects the customer data. The contract should also define the roles and responsibilities of both parties in responding to and resolving the incident, as well as the remedies and penalties for the vendor’s failure or negligence.
Data backup and recovery: The contract should outline the backup and recovery policies and practices that the vendor must follow to ensure the availability and integrity of the customer data in case of a disaster or system failure. The contract should also specify the frequency and format of the backups, the location and security of the backup storage, and the testing and restoration procedures.
Data retention and disposal: The contract should stipulate the retention period and disposal method for the customer data, in accordance with the organization’s data retention policy and the legal or regulatory requirements. The contract should also require the vendor to return or destroy the customer data at the end of the contract or upon the organization’s request, and to provide proof of the data deletion.
By defining the vendor’s responsibilities in the contract, the organization can ensure that the customer data is protected in a consistent and compliant manner, and that the vendor is accountable and liable for any data protection issues or breaches that may arise from the outsourcing arrangement .
The other options are not as important as defining the vendor’s responsibilities in the contract, because they do not address the core issue of establishing a clear and enforceable data protection framework between the organization and the vendor. Updating the organization’s incident response procedures, which are the plans and actions to be taken in the event of a data breach or security incident, may help to mitigate the impact and consequences of such events, but it does not prevent or reduce the likelihood of them occurring in the first place. Storing the data in the same jurisdiction, which means keeping the data within the same geographic or legal boundaries as the organization, may help to avoid some of the data privacy and sovereignty challenges that arise from cross-border data transfers, but it does not guarantee the security and confidentiality of the data. Restricting the administrative access to the vendor, which means limiting the ability to view, modify, or delete the data to the vendor’s personnel only, may help to reduce the risk of unauthorized or accidental access by the organization’s staff, but it does not ensure that the vendor’s staff are trustworthy and competent, and it may also impair the organization’s oversight and control over the data.
References = Consumer data protection and privacy | McKinsey, 9 Tips for Protecting Consumer Data (& Why It’s Important to Keep It …, [Outsourcing Contracts: Key Issues and Best Practices], [Data Protection in Cloud Services: A Guide for Businesses], [Incident Response Planning: Best Practices for Businesses], [Data Localization: What is it and Why is it Important?], [Administrative Access: Definition, Risks, and Best Practices]
