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As a privacy professional, you will often have to negotiate business associate agreements (BAAs) with third parties. It is important to enter into these BAA negotiations prepared: anticipate which clauses and terms these third parties will contest. For example, you might have difficulty imposing California-imposed privacy requirements in your BAA if you are negotiating with a third-party organization in a different state.
You are a privacy officer at Covered Entity A in California. You have agreed to enter into a BAA with Technology Company X in New York. You sent the template BAA (only pages 1–6) to Technology Company X for their review and execution.
Download the BAA template and answer the following questions:
What do you anticipate as the top two redlines/recommended edits that Technology Company X will suggest?
How will you respond to these recommended edits, and why?
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