Computer Fraud and Abuse Act (CFAA): Federal law that governs computer crimes and unauthorized access to systems. Must be considered for security provisions and access controls in the MSA.
Electronic Communications Privacy Act (ECPA): Federal law protecting electronic communications. Relevant for data privacy and communication handling provisions in the MSA.
Gramm-Leach-Bliley Act: Federal law requiring financial institutions to protect customer data. Must be included if financial services are part of the managed services.
HIPAA: Federal healthcare privacy law. Essential if the managed services involve handling of protected health information (PHI).
Federal Information Security Management Act (FISMA): Federal law establishing information security standards. Relevant for government-related services or contractors.
Sarbanes-Oxley Act: Federal law governing corporate accountability. Important when providing services to public companies.
State Data Breach Notification Laws: State-specific requirements for notifying affected parties in case of data breaches. Must be addressed in security incident response provisions.
California Consumer Privacy Act (CCPA): California's comprehensive privacy law. Must be considered if handling California residents' personal information.
Uniform Commercial Code (UCC): Standardized commercial law adopted by states. Relevant for contract formation and performance provisions.
Fair Labor Standards Act (FLSA): Federal employment law governing wages and hours. Important for staff allocation and pricing provisions.
Copyright Act: Federal law protecting original works. Essential for intellectual property provisions in the MSA.
Trade Secrets Act: Federal and state laws protecting confidential business information. Critical for confidentiality provisions.
Federal Trade Commission Act: Federal consumer protection law. Relevant for service quality and consumer protection provisions.
PCI DSS: Payment Card Industry Data Security Standard. Must be addressed if services involve payment processing.
NIST Cybersecurity Framework: Federal guidelines for cybersecurity standards. Important for security requirements and compliance provisions.
State Insurance Regulations: State-specific requirements for insurance coverage. Necessary for insurance and liability provisions.
Service Level Requirements: Industry and state-specific service standards. Essential for defining SLAs and performance metrics.
Disaster Recovery Requirements: Standards for business continuity and disaster recovery. Must be included in operational risk management provisions.
Worker Classification Regulations: Federal and state laws governing employee classification. Important for staffing and personnel provisions.
State-Specific Privacy Laws: Various state privacy laws (e.g., Virginia, Colorado). Must be considered based on service delivery locations and customer base.
