Overview

Many frameworks, including HIPAA, require that an organization formally designate an individual to carry the role of a "Security Official" responsible for the development, implementation, and enforcement of its security policies and procedures. Rooted will help you assign this role internally and consult/guide that individual to satisfy the requirements of this position. However, Rooted is fully qualified and authorized to assume this role on your behalf, providing a compliant and expert-driven solution that relieves your team of the time and responsibility required to fulfill it effectively.

This service provides Rooted Software as your designated Security Official, fulfilling the control requirement outlined in HIPAA 164.308(a)(2) and comparable provisions across other frameworks. We act as your formal point of contact and authoritative resource for security governance, while guiding and supporting your team in the implementation of policies and practices aligned to your chosen compliance model.

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Service Inclusions

As your Designated Security Official (DSO), Rooted Software will satisfy the following responsibilities

Designation and Documentation

Formally serve as the named Security Official for your organization

Guide you through ensuring our security official has the authority and resources to develop and enforce security policies and procedures.

Our primary mode of enforcement is to report concerns to our primary point of contact, who will handle any necessary accountability measures.

Serve as the primary point of accountability for the confidentiality, integrity, and availability of sensitive data (e.g., ePHI)

Provide the following documentation related to the designation, as required by applicable compliance frameworks (e.g., HIPAA):

Designation Document: Documentation designating a specific individual as the security official responsible for overseeing the security management process.

Role and Responsibilities Document: Documentation outlining the roles and responsibilities of the designated security official, including the authority and resources allocated to them.

Lead Policy and Process Updates

Lead the creation or refinement of all related security policies and procedures.

This service will include the provision of all Policy Documents reflecting the DSO’s mandate. Policies will need to be approved by the primary point of contact.

Ensure your documentation aligns with chosen standards (HIPAA, CIS, etc.)

Policy Documents: Ensure satisfaction of company policies mandating the designation of a security official responsible for the development and implementation of security policies and procedures.

Produce Additional Compliance Artifacts and Reporting

Organizational Chart: Rooted will provide sample charting language and guidance to align with your chosen standard as is required per security official requirements.

Your organization will be responsible for updating its internal organizational chart to reflect Rooted Software as the designated Security Official, including appropriate reporting lines and authority.

Audit Logs: Logs showing regular audits of the security management process to ensure the designated security official is fulfilling their responsibilities.

Review Records: Logs or records showing regular reviews and updates to the designation and responsibilities of the security official.

Training Records: Records showing that the designated security official and relevant personnel have been trained on their roles and responsibilities.

Meeting Minutes: Minutes from meetings where the security officials role and responsibilities are discussed, including decisions made and actions assigned.

Accountability Reports: Documentation showing the accountability of the designated security official in ensuring the confidentiality, integrity, and availability of ePHI.

Risk and Security Consultation

Contribute expert review and guidance on security risk assessments

Assist in identifying gaps and prioritizing remediation efforts

Support your response strategy during security events or incidents

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Use Cases

This service is ideal for:

Organizations that do not require certification but want to align with compliance frameworks

Small-to-mid-sized organizations lacking internal IT security leadership

Nonprofits, schools, or mission-driven organizations looking for cost-effective compliance support

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Limitation of Liability

By engaging Rooted Software and/or the designated Security Official ("DSO") as the formally designated Security Official under HIPAA Security Rule 164.308(a)(2), the client agrees to the below limitations of liability. These limitations are in addition to the standard exclusions and limitations outlined in Rooted Software's Terms & Conditions and Managed Services Agreement. Where conflict exists, these role-specific limitations shall govern matters related to the Security Official designation.

Role Boundaries and Organizational Responsibility

Scope of Accountability and Fiduciary Boundaries

Rooted Software and/or the DSO shall not be treated as legally or regulatory responsible for full HIPAA Security Rule compliance, nor does the designation create a fiduciary duty of care over all ePHI or IT operations. Final accountability remains with the client.

Retention of Internal Responsibility and Recommendations

Designation of Rooted Software and/or the DSO does not absolve internal leadership or staff from their compliance obligations. The client acknowledges that failure to act on recommendations does not transfer liability to Rooted Software and/or the DSO.

Audit and Legal Participation Rights

Rooted Software and/or the DSO are not certifying formal audit readiness, may decline to participate in audits, and expressly exclude their internal (Rooted Software) documentation, processes, and procedures from any external audit or regulatory investigation.

Client Systems, Staff, and Operational Control

Operational Access Limitations

Rooted Software and/or the DSO are not responsible for real-time monitoring of ePHI access or disclosures. Monitoring and access control within client systems falls outside the scope and intended value of this engagement.

Client System and Security Enforcement

Rooted Software and/or the DSO are not liable for unauthorized access, encryption practices, or disaster recovery failures in systems not directly configured or managed by them. The client retains responsibility for technical safeguards and execution of recovery procedures unless explicitly included in the contract.

User Management and Data Retention

Rooted Software and/or the DSO are not liable for errors in user provisioning, deprovisioning, or failure to revoke access for terminated employees in systems not administered by Rooted Software under either its Compliance as a Service (CaaS) or Managed Services Provider (MSP) agreements.

Training and Department Oversight

Rooted Software and/or the DSO may track training module completion but are not responsible for employee compliance, participation, or policy enforcement across departments to which they lack access or oversight.

Legal Protection, Service Scope, and Liability Exclusions

Misconduct and Negligence by Client Staff

Rooted Software and/or the DSO shall not be held liable for employee misconduct or negligence, even if serving as the designated Security Official.

Document Integrity and Policy Signatures

Rooted Software and/or the DSO are not responsible for documents later modified by the client, nor liable for downstream outcomes from policies they have signed in good faith.

Indemnity from Litigation and Enforcement Claims

The client agrees not to name Rooted Software and/or the DSO in litigation, regulatory claims, or civil complaints arising from breaches unless they are proven to be directly and solely responsible.

No Guarantee of Absolute Security

The client acknowledges that no system or service can be made completely impervious to all security threats. Accordingly, Rooted Software and/or the DSO do not guarantee absolute security and shall not be held liable for any unauthorized access, data breach, or security incident that may occur despite the implementation of industry-standard measures and best efforts.

No Certification or Compliance Guarantee

Rooted Software and/or the DSO are not acting as a regulatory or certifying authority. The client remains solely responsible for its own compliance with all applicable laws and regulations. Rooted Software and/or the DSO do not guarantee that the client will pass or satisfy any official audit or regulatory review, and shall not be liable for any regulatory findings, fines, penalties, or compliance gaps that may occur despite good-faith performance.

Exclusion of Consequential Damages

Rooted Software and/or the DSO shall not be liable for any indirect, special, incidental, punitive, or consequential damages related to the DSO service. This includes but is not limited to loss of data, lost profits, business interruption, breach response costs, or reputational harm—even if previously advised of the possibility of such damages.

Liability Cap

In any event, Rooted Software’s and/or the DSO's aggregate liability for any and all claims arising out of or related to the DSO service shall not exceed the total fees paid by the client for the DSO service during the six (6) months immediately preceding the event giving rise to the claim.

Third-Party Systems and Vendors

Rooted Software and/or the DSO are not responsible or liable for the performance or outcomes of any third-party vendors, software, or systems used in connection with the DSO service. Rooted Software and/or the DSO shall also not be held liable for any guidance offered regarding such systems or vendors. The client acknowledges that such platforms are outside of Rooted Software’s control and may be subject to bugs, updates, changes, or downtime beyond Rooted Software’s responsibility.

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Security Official Designation