Credit cards are the primary form of the payment that most retailers receive. In order to process credit cards a retailer must enter into an agreement with a bank and a payment processor that will process credit card transactions on its behalf. Those agreements can be daunting and often have significant impacts on a retailers financial liability in the event of a data breach. Indeed, in many cases the contractual liabilities that flow from the credit card processing agreement surpasses all other financial liabilities that arises from a breach including litigation, regulatory investigations, and the cost of conducting an investigation.

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