Communicating privacy practices to users of mobile apps can be challenging, especially given small screen sizes and the difficulty of capturing app user attention. The Office of the Privacy Commissioner of Canada (OPC) has acknowledged these challenges and, in September 2014, published Ten Tips for Communicating Privacy Practices to Your App’s Users.
These tips were provided in connection with the findings of the second annual Global Privacy Enforcement Network (GPEN) Privacy Sweep, which the OPC participated in along with twenty-five other privacy enforcement authorities from around the world.
The GPEN Privacy Sweep assessed 1,211 apps with a focus on … Continue Reading
For a customer of outsourcing services, it is crucial that the outsourcing services agreement include well-drafted, clear and specific remedies to address vendor service performance failures that will have a material impact on the customer. A good example of what can happen when a service agreement is deficient in this area are the recent decisions in the ongoing litigation between the State of Indiana and IBM over a ten-yearperiod, $1.3 billion contract for IBM to modernize and manage the State of Indiana’s welfare system.
Less than three years into the ten-year contract, the State terminated the contract for cause citing … Continue Reading
Outsourcing and cloud computing service engagements are fraught with financial, security and other risks, especially if dealing with an unproven service provider. Obtaining a third party assurance report with respect to a service provider’s internal controls can provide some comfort. However, customers are often confused about what kind of assurance report they should obtain.
Canadian Standard on Assurance Engagements 3416 (CSAE 3416), Reporting on Controls at a Service Organization, is the Canadian accounting standard for reviewing and reporting on controls at a service organization. It is issued by the Auditing and Assurance Standards Board (AASB) and is equivalent … Continue Reading
Having previously examined the rationale behind benchmarking, the factors that can undermine its utility and the circumstances in which benchmarking can be used effectively, here are my top ten tips to keep in mind when negotiating a benchmarking clause:
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- Benchmarking rights are not a substitute for good due diligence on deal terms, especially pricing. Customers should do their homework to get a reasonable level of comfort that the terms and conditions of their deal will remain sufficiently market competitive over the term. It is important to remember the best way to make sure a deal stays up-to-date is to have
There are differing opinions on the value of negotiating benchmarking rights into an IT services or outsourcing contract. This post will look at the rationale behind benchmarking, the factors that can undermine its utility and the circumstances in which benchmarking can be used effectively. The next post will provide ten tips on negotiating benchmarking clauses.
What is Benchmarking?
A benchmarking is a process through which the competitiveness of a contractual arrangement is assessed, usually by an independent third party, by comparing the arrangement to other comparable deals in the marketplace. The results of the assessment may lead to a binding … Continue Reading