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I am thinking about working on a .com startup that involves providing a service to people or businesses via a web application. The service would store user data and information that a company might deem sensitive or at least not want to be compromised or lost.

What are my liabilities for protecting this data? Is this generally not a good idea? If I use another company for the storage of the data, like a hosting provider's database server or cloud storage, can I simply defer the liability to that company?

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You can't defer liability -- that's what liability insurance is for. The level to which you go to protect your data depends on sensitivity of your data and sensitivity of your customers to a breach. Cloud and colo service providers should be able to provide you with a level of security that they commit to contractually (at least all the reputable ones will), and you can evaluate their fit for your needs based on that information.

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If I had an end user agreement that stated I wasn't responsible for any data loss, would that fly? – BoxerBucks Mar 11 '11 at 3:54
This seems to contradict your original question a bit, at least in spirit. If you waive responsibility, why would a potential client trust you with sensitive data? My advice would be to not make any promises you can't keep, be transparent, get liability insurance, and consult with an attourney. – Michael Teper Mar 11 '11 at 9:40

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