Data Breach Notification Policy

DATA BREACH NOTIFICATION POLICY

This Data Breach Notification Policy (the Policy) is adopted by and between Organization Name: (the Company) and Designated Approver Name: (the Approver), effective as of , .

RECITALS

WHEREAS, the Company collects, stores, and processes personal information of employees, customers, vendors and other individuals in the course of its business; and

WHEREAS, a security incident that results in unauthorized access to or disclosure of personal information (a Breach) may create legal, contractual and reputational obligations to notify affected individuals, regulators, and other stakeholders; and

WHEREAS, the parties desire to establish consistent procedures to identify, assess, document, and notify appropriate parties in the event of a Breach.

NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows.

1. DEFINITIONS

For purposes of this Policy: (a) "Personal Information" means information that identifies or can reasonably be used to identify an individual, including but not limited to name, address, email, financial account numbers, government identification numbers, health information, and authentication credentials; (b) "Breach" means an unauthorized acquisition, access, use, loss or disclosure of Personal Information that compromises the security, confidentiality, or integrity of such information; and (c) "Regulator" means any governmental or supervisory authority with jurisdiction over data protection or privacy.

2. SCOPE

This Policy applies to all Company employees, contractors, vendors and business units that collect, maintain, or process Personal Information on behalf of the Company, in all formats (electronic, paper, or other).

3. INCIDENT RESPONSE TEAM

The Company shall maintain an Incident Response Team (IRT) responsible for managing Breaches. The IRT shall include representatives from Information Security, Legal, Privacy, Communications, Human Resources and Business Operations as required. The designated IRT Lead is: , Title: .

4. REPORTING A SUSPECTED BREACH

Any individual who discovers or suspects a Breach must report it immediately to the IRT via the following primary contact: IRT Notification Contact: , Phone: , Email: .

5. INITIAL ASSESSMENT

Upon receipt of a report, the IRT shall promptly conduct a good faith, documented assessment to determine whether a Breach has occurred, the nature and scope of the incident, the categories of Personal Information involved, affected systems, and potential harm to individuals. The IRT shall complete an initial assessment within business days of notification.

6. TYPES OF PERSONAL INFORMATION AFFECTED

Identify applicable categories (check all that apply):

Name
Contact information (email, phone, address)
Government identification numbers (SSN, TIN)
Financial account or payment card data
Health or medical information
Authentication credentials (passwords, tokens)
Other (specify below)

7. NOTIFICATION CRITERIA

Notification to individuals and Regulator(s) shall be provided where the IRT determines, following the initial assessment, that the Breach is likely to result in a material risk of harm to the affected individuals or where required by applicable law. The decision to notify shall be documented in writing and include the factual basis for the determination, the categories of Personal Information involved, and the contemplated notification recipients.

8. NOTIFICATION TIMELINE AND METHOD

When notification is required, the Company shall provide notice without undue delay and, where applicable law prescribes a specific period, within the statutory deadline. Internal notification to senior management and Legal shall occur immediately upon confirmation. Regulatory notification (if required) shall be submitted within hours/days as required by law.

Notification methods may include the following (select applicable):
Email
U.S. Mail or postal delivery
Telephone
Substitute notice or public notice where direct contact information is unavailable

9. NOTIFICATION CONTENT

Notifications shall, to the extent known and practicable, include: (a) a description of the incident and the nature of the Personal Information involved; (b) the date of the Breach or the discovery date; (c) actions taken to mitigate harm; (d) recommended steps individuals should take to protect themselves; and (e) contact information for inquiries. The Company shall avoid inclusion of sensitive investigative details that would impede law enforcement efforts.

10. LAW ENFORCEMENT AND REGULATORY COORDINATION

The IRT shall consult with Legal to determine whether law enforcement or other authorities should be notified and shall coordinate any requests from such authorities. Where law enforcement requests delay of notification to individuals, the Company shall document the request and the justification for any delayed notice.

11. RECORDKEEPING

The Company shall maintain a written record of all Breaches, whether or not they result in notification, for a period of at least years. Records shall include the nature of the Breach, affected data categories, assessment rationale, notifications made, mitigation measures, and lessons learned.

12. CONFIDENTIALITY

Information concerning a Breach investigation shall be limited to those with a legitimate need to know. Disclosure of investigation details outside the IRT shall require approval by Legal and the appropriate senior executive, except as required by law or for the purpose of notification under this Policy.

13. TRAINING AND AWARENESS

The Company shall provide periodic training to employees and contractors on Breach identification, reporting procedures, and the requirements of this Policy. Training completion and materials shall be documented.

14. ENFORCEMENT

Violations of this Policy may result in disciplinary action up to and including termination, and may give rise to civil or criminal liability where applicable.

15. NOTICES

16. AMENDMENTS; WAIVER; COUNTERPARTS

This Policy may be amended only by a written instrument signed by authorized representatives of the Company and the Approver. No waiver of any provision of this Policy shall be effective unless in writing and signed by the party against whom enforcement is sought. This Policy may be executed in counterparts, each of which shall be deemed an original.

17. GOVERNING LAW; SEVERABILITY; ENTIRE AGREEMENT

This Policy shall be governed by and construed in accordance with the laws of the jurisdiction where the Company is organized, without regard to choice-of-law principles. If any provision of this Policy is held invalid or unenforceable, such provision shall be modified to the extent necessary to make it enforceable, or if not possible, severed, and the remaining provisions shall continue in full force and effect. This Policy constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings relating thereto.

18. INCIDENT REPORT (TO BE COMPLETED BY IRT)

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