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Shook, Hardy & Bacon L.L.P.

Florida Legislature Passes Data Breach Immunity Legislation

The Florida legislature passed a bill that provides immunity to companies that suffer a data breach. The immunity is conditioned on the company: (1) complying with the notice requirements of Florida’s data breach notification...more

Davis Wright Tremaine LLP

New Iowa Legislation Creates Cybersecurity Safe Harbor

Iowa becomes the fourth U.S. state to provide an affirmative defense for companies that adopt a cybersecurity framework - Iowa is the fourth state—following Ohio, Connecticut, and Utah—to provide a statutory incentive for...more

Akin Gump Strauss Hauer & Feld LLP

Connecticut Expands Breach Reporting and Creates Cybersecurity Safe Harbor

On October 1, 2021, two Acts overhauling data privacy and cybersecurity in Connecticut took effect—the latest instance of stronger state breach reporting requirements with a safe harbor protection from litigation for...more

Hogan Lovells

Hold the punitive damages: Connecticut is latest to incentivize implementing cybersecurity frameworks

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Connecticut’s new cybersecurity standards law, which goes into effect on October 1, 2021, protects companies from punitive damages in certain data breach actions where an organization has a cybersecurity program that conforms...more

Jackson Lewis P.C.

Connecticut Enacts Safe Harbor From Punitive Damages In Data Breach Cases

Jackson Lewis P.C. on

Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from...more

Jones Day

Connecticut Expands Data Breach Notification Requirements and Establishes a Cybersecurity "Safe Harbor"

Jones Day on

Connecticut has become the third state to enact a cybersecurity safe harbor statute. On June 16 and July 6, 2021, Connecticut Governor Ned Lamont signed two new cybersecurity laws that continue the national trend of...more

Fisher Phillips

Is a New Privacy Trend on the Rise? What Businesses Can Learn from Utah’s New Data Breach Safe Harbor Law

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A new trend in privacy law appears to be on the horizon. Earlier this year, Utah joined Ohio on the forefront of jurisdictions that provide data breach safe harbors to entities where certain conditions are met. What can your...more

Alston & Bird

The Digital Download – Alston & Bird’s Privacy, Cyber & Data Strategy Newsletter – May 2021

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Selected Developments in U.S. Law - NYDFS Issues Report on the SolarWinds Attack and Covered Entities’ Responses Following the SolarWinds cyber espionage attack and the resulting focus on supply chain risk, the New York...more

Alston & Bird

2021 Developments in State Cybersecurity Safe Harbor Laws

Alston & Bird on

Only four months in and 2021 has already been a big year for state cybersecurity safe harbor legislation. Two states, Utah and Connecticut, have recently enacted or introduced a breach litigation safe harbor to incentivize...more

Sheppard Mullin Richter & Hampton LLP

Utah Creates Data Breach Safe Harbor

Utah recently amended its breach notice law to provide certain defenses to companies who suffer a data breach. It is now the second state, after Ohio, to include such provisions. Specifically, entities that create and...more

Lowenstein Sandler LLP

States’ Safe Harbor Defense For Data Security Breaches Signals Possible Trend

Lowenstein Sandler LLP on

We are now seeing a potential trend where states are incentivizing companies through the creation of safe harbors to improve their cybersecurity posture, instead of penalizing them after a breach of personal information. Utah...more

Jackson Lewis P.C.

Indiana AG Proposed Regulations Creating Corrective Action Plan Requirement And Cybersecurity Safe Harbor

Jackson Lewis P.C. on

A proposal by Indiana’s Attorney General Curtis Hill on Wednesday would add a significant step in the incident response process for responding to breaches of security affecting Indiana residents. On Wednesday, during a U.S....more

Foley & Lardner LLP

State Data Breach Notification Laws - September 2020

Foley & Lardner LLP on

While most state data breach notification statutes contain similar components, there are important differences, meaning a one-size-fits-all approach to notification will not suffice. What’s more, as data breaches continue to...more

Locke Lord LLP

New Data Security Law Offers Safe Harbor; May Signal New Trend

Locke Lord LLP on

Click Here for PDF A first-of-its-kind data security law, the recently enacted Ohio Data Protection Act may signal the beginning of a new trend in the legal approach to corporate cybersecurity obligations. At the same time,...more

White and Williams LLP

Pennsylvania Supreme Court Holds Employers Have Duty to Protect Employee Data from Cyberattacks

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As much of the country’s workforce traveled on Wednesday for the Thanksgiving holiday, the Supreme Court of Pennsylvania issued a decision that some may view as a turkey: under Pennsylvania law, employers have an independent...more

McNees Wallace & Nurick LLC

A Data Security Plan Will Protect Your Company from Liability: New Ohio Cybersecurity Law Creates “Safe Harbor” from Data Breach...

On November 2, 2018, Ohio’s new “cybersecurity safe harbor” law took effect, and the law gives Ohio businesses a strong new reason to proactively address data security. Data breaches are an ever-growing threat to businesses...more

Womble Bond Dickinson

Ohio Enacts First Cybersecurity Safe Harbor

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Tacking an entirely new direction from other US states, Ohio has decided to offer defensive legal protection to businesses who have built a cybersecurity regime around well-known industry standards, even where those...more

Bricker Graydon LLP

Ohio’s new cybersecurity safe harbor law takes effect

Bricker Graydon LLP on

On November 2, 2018, Ohio’s new cybersecurity law became effective and provides entities with cybersecurity programs that meet certain requirements an affirmative defense against certain tort actions. ...more

Sheppard Mullin Richter & Hampton LLP

Ohio Gives Breach Safe Harbor for Companies with Written Data Security Program

Effective November 2, 2018, companies that suffer a breach may have certain defenses in Ohio if they have a written cybersecurity program in place. Under this new law, companies can use as an affirmative defense the existence...more

Robinson & Cole LLP

Data Privacy + Cybersecurity Insider - September 2018 #3

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Schneider Electric recently issued a consumer warning that it mistakenly shipped to its customers USB drives that were infected with malware. Schneider Electric stated in its alert that “Schneider Electric has determined that...more

Alston & Bird

Ohio Enacts Cybersecurity Safe Harbor Law

Alston & Bird on

Ohio recently enacted the Ohio Data Protection Act (2018 SB 220), a law that offers a breach litigation safe harbor to businesses meeting specific cybersecurity standards. While the law does not prevent a plaintiff from...more

Mintz - Health Care Viewpoints

OCR Highlights Importance of Physical Safeguards to Protect PHI

The May 2018 cyber security newsletter from the U.S. Department of Health and Human Services Office for Civil Rights (OCR) focused on a topic often overlooked by covered entities and their business associates: physical...more

White and Williams LLP

Cyber Law: Pennsylvania Supreme Court Watch

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The body of cybersecurity case law continues to grow. On April 10, 2018, the Pennsylvania Supreme Court is set to hear arguments regarding employers’ liability for data breaches in Dittman v. UPMC....more

Alston & Bird

Cyber Alert: 2016 Breach Roundup, Part II: U.S. and EU Data Breach Notification Regulations Highlights and Trends

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Frameworks requiring breach notifications of various kinds significantly expanded in scope in 2016 at both the state and federal levels. However, at least in the U.S., some of the new federal requirements may not be in place...more

Miller & Martin PLLC

Tennessee Legislature Amends Data Breach Notification Statute - Encryption is No Longer an Automatic Safe Harbor

Miller & Martin PLLC on

On March 24, 2016, Governor Haslam signed S.B. 2005 which amends Tennessee's data breach notice statute. The amended statute will go into effect on July 1, 2016. The new Tennessee breach notice requirements are triggered by...more

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