Zansa › Answers › Privacy, security and ownership
Who is liable if my analytics provider causes a data breach?
Generally the business that decides how the data is used, the controller or responsible party, stays accountable to regulators and individuals, even when a provider caused the problem. Providers can also face direct obligations. Contract terms decide how loss is shared between you. This is general information, not legal advice.
Because you remain accountable, choose providers carefully and sign a written processing or operator agreement setting out security duties, breach notification and any indemnity or liability limits.
Insurance, including cyber cover, may also help. How liability falls in a specific case depends on the laws, the contract and the facts, so a qualified adviser should review it. Rules differ by country and sector, so check how this applies to you with a qualified adviser.
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