Q&As

Can you provide guidance as to the best practices for storage of records either as service provider or a client in the context of a business to business supplier or customer relationship?

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Published on LexisPSL on 06/01/2016

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Can you provide guidance as to the best practices for storage of records either as service provider or a client in the context of a business to business supplier or customer relationship?
  • Record management and security
  • Specific data retention requirements

Can you provide guidance as to the best practices for storage of records either as service provider or a client in the context of a business to business supplier or customer relationship?

Record management and security

Lexis®PSL Practice Compliance Information security and management subtopic contains a range of Practice Notes and Precedents in relation to document retention, document storage and information security. For an outline of this subtopic, see: Information security and management—overview.

In common with other Precedent agreements which govern the ongoing provision of services, our Data storage agreement (long form) contains a Recordkeeping provision (clause 31). This clause does not specify minimum standards of record keeping but is subject to the obligation to provide services generally in accordance with 'Good Industry Practice' as defined.

In relation to the security of records, the long form Data storage agreement places obligations on the supplier under clause 7 (Data Protection) and also under clause 5 (Warranties) and clause 23 (Information Security). Within these clauses, reference is made to the defined terms 'Data Security Obligations' and 'Good Industry Practice'. The definition of ‘Data Security Obligations’ encompasses

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