Question 681 · 1243 in bank
Which of the following clauses would represent the MOST significant potential exposure if included in a contract with a third-party service provider?
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Answer: B
Explanation
B. Provider liability for loss of data limited to cost of physical media would represent the MOST significant potential exposure if included in a contract with a third-party service provider. Limiting the provider's liability for loss of data to the cost of physical media means that the provider would not be liable for any costs associated with the loss of data such as the cost of restoring the data, the cost of lost business, or the cost of regulatory fines. This type of clause could leave the customer with significant exposure in the event of data loss. Other clauses such as Provider responsibility in a disaster limited to best reasonable efforts, Audit rights limited to customer data and supporting infrastructure, and Access to escrowed software restricted to specific conditions could also represent significant exposure but they are not as severe as B.
Source: Adapted from community discussion — Broesweelies