Service Providers Face New Regulations Covering Personal Information
If your company is a service provider (generally any company providing third-party services, ranging from a payroll provider to an e-commerce hosting provider) or your company utilizes service providers, you need to be aware of the Massachusetts Data Security Regulations (the “Regulations”). The Regulations require that by March 1, 2012, all service provider contracts must contain appropriate security measures to protect the personal information (as described below) of Massachusetts residents. See 201 CMR 17.03(2)(f). All companies that “own or license” personal information of Massachusetts residents, regardless of where the companies are physically located, will need to comply with the Regulations. Additionally, all entities that own or license personal information of Massachusetts residents are required to develop, implement and maintain a written information security program (“WISP”), which lists the administrative, technical and physical safeguards in place to protect personal information.
“Personal information” is defined by the Regulations as a Massachusetts resident’s first and last name, or first initial and last name, in connection with any of the following: (1) Social Security number; (2) driver’s license number or state-issued identification card number; or (3) financial account number, or credit or debit card number.
If your company uses service providers, you are responsible for your service provider’s compliance with the Regulations as it relates to your business and your customers. The Regulations are clear that if your service provider receives, stores, maintains, processes, or otherwise has access to personal information of Massachusetts residents, you are responsible to make sure that your service providers maintain appropriate security measures to protect that personal information. Therefore you should make sure that your agreements with service providers contain appropriate language, obligations and indemnifications to protect your interests and assure compliance by your service provider. If you are a service provider, you need to develop a comprehensive WISP in order to protect yourself from liability.
If you have any questions or concerns regarding the implementation of the Regulations or how it may affect your business, please feel free to contact us.