UCET 2021

Utah law requires certain privacy protections be included when entering agreements with third parties. The keywords here are “entering agreements”. This includes when you're clicking “I agree” to terms of service or a privacy policy, not just when you are procuring or contracting with a vendor. The next thing that triggers the requirement of including these privacy provisions is when you are sharing PII or Personally Identifiable Information. 

USBE has developed an LEA level Data Privacy Agreement (DPA) in collaboration with LEAs, their attorneys, and our Assistant AG, that meets all FERPA and Utah state privacy laws. LEAs are encouraged to use this agreement as the de facto privacy agreement for public education in Utah. Vendors may additionally choose to sign the General Offer of Privacy Terms, Exhibit E, making the Utah NDPA essentially a piggy-backable or umbrella agreement, requiring only the signature of the additional LEA to make it binding and eliminating any further privacy negotiations for that particular resource. This is not a replacement for your regular negotiation, and other legal process within your district. Exhibit E can help with streamlining the RFP/bid processes.