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Top Five Legal Issues Facing IT Managed Services Providers in 2023

in Blogs, Managed Service Agreements, Managed Services Providers, MSP Contracts, MSP Risks

IT managed service providers (MSPs) are companies that provide a variety of IT services to their clients, including network management, data backup and recovery, and security. MSPs are often tasked with managing sensitive data, such as personal and financial information, and must navigate a complex legal landscape to avoid potential liability.

Legal Issues:

  1. Data protection and privacy: MSPs are often entrusted with managing client data, including personal and financial information. As a result, they must comply with various data protection and privacy laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
  2. Cybersecurity: MSPs must implement adequate security measures to protect client data from cyber threats. This includes complying with industry-specific security standards, such as the Payment Card Industry Data Security Standard (PCI DSS) for MSPs that handle payment card data.
  3. Intellectual property: MSPs must be careful not to infringe on the intellectual property rights of their clients or third parties. This includes avoiding the use of unauthorized software or hardware and ensuring that any software or content used in client networks is properly licensed.
  4. Liability: MSPs may face liability for damages resulting from data breaches or other security incidents. To mitigate this risk, MSPs should implement robust security measures and carry adequate insurance coverage.
  5. Contractual obligations: MSPs must carefully draft and review their contracts with clients to ensure that their obligations and responsibilities are clearly defined. Contracts should address issues such as liability, data protection, and termination.

MSPs must tread carefully to avoid potential liability and ensure compliance with various data protection and privacy laws. By understanding and addressing the legal issues outlined above, MSPs can minimize their risk and provide their clients with the high-quality IT services they expect.  If you want to better understand the risk facing your MSP, you can take our Risk Assessment by clicking below.