Ensure Service Provider Contracts Include Security Requirements
Description
Ensure service provider contracts include security requirements. Example requirements may include minimum security program requirements, security incident and/or data breach notification and response, data encryption requirements, and data disposal commitments. These security requirements must be consistent with the enterprise’s service provider management policy. Review service provider contracts annually to ensure contracts are not missing security requirements.
Implementation Checklist
Tool Recommendations
Third-party risk management with automated vendor assessments, continuous monitoring, and risk scoring
ServiceNow · Enterprise subscription
Third-party risk management platform with vendor assessment automation, continuous monitoring, and compliance mapping
OneTrust · Enterprise subscription
Security ratings platform providing continuous monitoring of vendor cybersecurity posture with data-driven risk scoring
BitSight · Enterprise subscription
Cybersecurity ratings and third-party risk management platform with continuous monitoring and vendor assessment automation
SecurityScorecard · Enterprise subscription
Threats & Vulnerabilities (CIS RAM)
Threat Scenarios
Service Provider Data Breach Without Contractual Notification Obligation
ConfidentialityA service provider suffers a breach affecting enterprise data but delays disclosure for months because no contractual requirement mandates timely breach notification, leaving the organization unable to respond.
Provider Fails to Encrypt Data Due to Absent Contractual Requirement
ConfidentialityA cloud service provider stores enterprise data unencrypted because the contract contains no security requirements mandating encryption, and the data is subsequently exposed in a misconfiguration incident.
Sensitive Data Retained by Provider After Contract Termination
ConfidentialityA former service provider retains copies of sensitive enterprise data indefinitely because the original contract included no data disposal commitments, creating ongoing exposure risk.
Vulnerabilities (When Safeguard Absent)
Service Provider Contracts Lack Security Requirements
Without contractual security requirements, providers have no legal obligation to implement encryption, notify the enterprise of breaches, maintain minimum security programs, or securely dispose of data.
No Contractual Basis for Security Audits or Compliance Verification
Absence of security clauses in contracts means the organization has no right to audit, assess, or verify the service provider's security posture or compliance with expected standards.
Evidence Requirements
| Type | Evidence Item | Collection Frequency |
|---|---|---|
| Technical | Configuration screenshots or exports showing protection controls enabled | Captured quarterly |
| Document | Procedure documentation for protection measures | Reviewed annually |
| Technical | Encryption configuration evidence (disk encryption status, TLS settings) | Scanned monthly |
| Document | Key management procedures and key rotation records | Reviewed annually |
| Document | Incident response plan and playbooks | Reviewed bi-annually |
| Record | Incident reports and post-incident review documentation | Per incident |
| Record | Third-party risk assessment reports and scorecards | Annually per vendor |
| Document | Vendor contracts with security requirements | Per contract cycle |
| Document | Governing policy document (current, approved, communicated) | Reviewed annually |