Clause · Technology, Media & Telecommunications / IT Contracts
Security incident clause
Contract clause that makes a vendor who holds computerized personal information notify the customer immediately, using the California statute's maintainer rule. It does not notify residents and it does not decide that notice is required.
- Kind
- Clause. Wording to drop into a longer document.
- Where it applies
- United States
- AI use
- Yellow You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at
- 22 October 2026
- Status
- Maintained. Checked on 22 October 2026 against the authority it cites, for United States.
- Version
- 1
- Source
- Written for this library
When to use it
Use in a services, hosting or outsourcing contract where the vendor holds data the customer owns or licenses. Do not use it as the letter to residents. Do not use the CCPA definition of personal information in place of Civil Code § 1798.82.
Used for these tasks
- Draft or review security and incident-notification clauses
- Prepare an incident-response checklist for an AI system
Each task page says how far AI may help with the task and what the lawyer must review.
How AI may be used
AI may insert this clause and fill the notice address from the order. The lawyer decides who owns or licenses the data, and whether any resident notice is required, outside this clause.
AI may
- Insert the clause and the customer's notice address from the contract sheet
- Compare a vendor security clause with this one and list timing or content gaps
- Extract dates and systems from tickets into a chronology for the lawyer
AI must not
- Must not decide that a breach has occurred or that resident notice is required
- Must not draft the notice to residents in this clause
- Must not swap in the CCPA definition of personal information
The lawyer checks
- The vendor is the person who maintains data it does not own, or the clause is rewritten because the vendor owns or licenses the data
- The immediate-notice duty matches § 1798.82(b), and the 30-day resident clock stays with the owner or licensee
- Other states' breach statutes are checked separately. This clause does not cover them
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
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- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
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