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Contracts, SLAs and the Right to Audit

Third-party risk · 1 min read

Clauses that matter

Contract clauses: security requirements, right to audit, breach notification, data handling, SLAs and penalties, liability and exit.

If a requirement isn’t in the contract, it usually can’t be enforced later. The practitioner defines the requirements; legal makes them binding.

Good and bad SLAs

WeakStrong
High availability99.9% monthly, measured end to end
Prompt incident responseSeverity 1 response within 30 minutes
Timely breach noticeNotify within 24 hours of discovery

Right to audit

Without a right to audit, or at least to receive independent assurance reports such as SOC 2 Type II, the organisation can’t verify that the supplier’s controls work. Large providers often offer reports instead of on-site audits; check that their scope covers the services used.

Example. After a supplier breach, a retailer found its contract had no breach notification clause. The supplier told customers three weeks later. New contracts now require notice within 24 hours and cooperation with investigations.

How the exam asks about it

If the question asks…The answer is usually…
MOST important clause for oversightRight to audit or to receive assurance reports
Characteristic of a good SLASpecific, measurable, monitored
When to define security requirementsBefore the contract is signed
Provider refuses on-site auditsAccept independent assurance reports of relevant scope

In short

  • If a requirement isn't in the contract, it usually can't be enforced later.
  • Key clauses cover security requirements, right to audit, breach notification, data handling, SLAs, liability and exit.
  • A right to audit, or to receive independent assurance reports, is essential for ongoing oversight.
  • SLAs must be specific and measurable, with consequences for breaches.
  • The risk practitioner defines requirements; legal makes them binding.

Exam traps

  • Vague SLAs such as 'high availability'.
  • Signing standard supplier terms with no right to audit.
  • Missing breach notification timelines.
  • No clause on returning or deleting data at exit.

Slides

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CRISC · Domain 3 · Third-party risk

Contracts, SLAs and the Right to Audit

How contracts and service level agreements turn risk requirements into enforceable obligations, and which clauses matter most for managing third-party IT risk.

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