Security Sharing Agreement for the United States

Security Sharing Agreement Template for United States

A Security Sharing Agreement is a legally binding document governed by U.S. federal and state laws that establishes the framework for sharing security-related information between participating organizations. This agreement outlines the terms, conditions, and protocols for sharing sensitive security data, including threat intelligence, incident reports, and protective measures. It incorporates requirements from various U.S. regulations including CISA, FISMA, and relevant state privacy laws, while establishing confidentiality obligations and use restrictions for all parties involved.

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What is a Security Sharing Agreement?

The Security Sharing Agreement serves as a critical framework for organizations needing to exchange security-related information while maintaining compliance with U.S. federal and state regulations. This document becomes necessary when organizations need to collaborate on cybersecurity threats, share threat intelligence, or establish information-sharing protocols. The agreement ensures that sensitive security information is properly protected, used appropriately, and shared in accordance with relevant laws including CISA and FISMA. It defines the scope of sharing, security controls, and compliance requirements while protecting each party's interests and confidential information.

What sections should be included in a Security Sharing Agreement?

1. Parties: Identification of all parties involved in the agreement

2. Background: Context and purpose of the security sharing arrangement

3. Definitions: Key terms used throughout the agreement including technical security terminology

4. Scope of Information Sharing: Details of what security information will be shared between parties

5. Confidentiality Obligations: Requirements for protecting shared information and maintaining its confidentiality

6. Use Restrictions: Limitations on how shared information can be used and restrictions on disclosure

7. Security Measures: Required technical and organizational security controls for handling shared information

8. Term and Termination: Duration of the agreement and conditions for termination

9. Liability and Indemnification: Allocation of risks and responsibilities between parties

10. General Provisions: Standard legal provisions including governing law, dispute resolution, and notices

What sections are optional to include in a Security Sharing Agreement?

1. International Transfer Provisions: Additional requirements and safeguards for cross-border information sharing

2. Industry-Specific Compliance: Special provisions for regulated industries such as financial services or healthcare

3. Government Reporting Requirements: Procedures for mandatory reporting to regulatory authorities

4. Data Privacy Compliance: Specific provisions addressing compliance with privacy laws and regulations

5. Intellectual Property Rights: Provisions addressing ownership and usage rights of shared security information

What schedules should be included in a Security Sharing Agreement?

1. Security Controls Schedule: Detailed technical security requirements and standards to be maintained

2. Contact Matrix: List of key contacts and escalation procedures for security incidents

3. Information Classification Guide: Categories of information and specific handling requirements for each

4. Incident Response Procedures: Detailed procedures for handling and reporting security incidents

5. Approved Technologies: List of approved tools, platforms, and protocols for information sharing

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Security Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Cybersecurity Information Sharing Act (CISA): Federal law enacted in 2015 that promotes sharing of cyber threat information between private sector and government while providing liability protection for companies.

National Security Act: Fundamental law providing the framework for U.S. national security and intelligence operations, affecting how sensitive security information can be shared.

Federal Information Security Management Act (FISMA): Defines framework for protecting government information, operations and assets against threats, relevant for agreements involving federal entities.

Privacy Act of 1974: Establishes code of fair information practices governing collection, maintenance, use, and dissemination of personal information maintained by federal agencies.

Computer Fraud and Abuse Act (CFAA): Federal cyber security law that criminalizes unauthorized access to protected computers and networks, affecting how security information must be handled.

State Data Privacy Laws: Various state-specific regulations like CCPA (California) and SHIELD Act (New York) governing data privacy and security requirements.

GDPR Considerations: While not U.S. law, must be considered if European data is involved in the security sharing agreement.

HIPAA: Federal law protecting sensitive patient health information, must be considered if healthcare data is involved in security sharing.

Gramm-Leach-Bliley Act: Requires financial institutions to explain information-sharing practices and protect sensitive data, relevant for financial sector agreements.

Sarbanes-Oxley Act: Mandates strict financial disclosure and corporate governance requirements for public companies, affecting their information sharing practices.

PCI DSS: Security standard for organizations handling credit card information, relevant if payment data is part of sharing agreement.

Defend Trade Secrets Act: Federal law providing uniform protection for trade secrets, crucial for protecting proprietary information in sharing agreements.

Critical Infrastructure Information Act: Protects critical infrastructure information shared with the government, essential for agreements involving critical infrastructure sectors.

Export Administration Regulations (EAR): Controls export of dual-use items including certain types of information and technology, affecting international sharing agreements.

International Traffic in Arms Regulations (ITAR): Controls export and import of defense-related articles and services, including technical data, relevant for defense-related sharing.

Uniform Commercial Code: Provides standardized rules for commercial transactions, including provisions affecting contractual relationships and information sharing.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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