Hi all,



I am looking for ideas for boilerplate contract language for vendors that
maintain client records on their systems.  Does anyone work for an
organization that has outsourced one of its functions and the records for
that function now reside on the vendor's systems and are accessed via a web
portal by the client?  If so, how did you negotiate record retention with
the vendor?  Is this spelled out in the contract?  Do you use standard
language in your contracts in regards to the vendor's responsibilities in
the maintenance and disposition of records they hold for your organization?




What is the standard practice for these records?  Do you require records to
be returned to you at some point in the lifecycle, or do you require the
vendor to destroy records following your retention schedule and sign-off?
  How does the vendor provide proof of destruction?  Are the records backed
up on the client's systems periodically?  Do you require the vendor to
maintain inactive records to the point of migrating records to ensure they
are readable over time?  What happens to the records if the vendor – client
relationship ends?  What is your experience with vendors when they sunset
their systems and your electronic records are no longer readable?



 Thank you in advance,



Colleen Westerlund

Electronic Records Administrator

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