News & Analysis as of

Data Security Safe Harbors Data Breach

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

Furia Rubel Communications, Inc.

Embracing Data Privacy to Drive Business Growth with Aihong Yu, Chief Privacy Counsel of CDK Global

In this episode of On Record PR, Gina Rubel goes on record with Aihong Yu, Chief Privacy Counsel of CDK Global, to discuss how embracing privacy and security measures…...more

Bradley Arant Boult Cummings LLP

Florida Bill Proposes Safe Harbor Against Breach Suits to Businesses Maintaining Recognized Cybersecurity Programs

A recently introduced bill in the Florida Legislature would provide businesses operating in Florida, including health care providers, with a legal defense to data breach lawsuits if they maintain robust cybersecurity measures...more

Locke Lord LLP

More Safe Harbor Protections for Navigating Cyber and Privacy Litigation

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Cybersecurity and data privacy risks continue to loom large with potentially significant consequences. Litigation, often filed soon after incidents, adds to the possible repercussions. In our previous article, we discussed a...more

Sheppard Mullin Richter & Hampton LLP

Iowa Joins Growing List to Offer Potential Safe Harbor for Companies With Security Programs

Iowa recently became the fifth state to offer businesses a safe harbor if they have a written cybersecurity program. Others are Connecticut (October 1, 2021), Ohio (effective November 2, 2018), Oregon (effective January 1,...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

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

Fox Rothschild LLP

U.S. States And Territories Data Breach Statutes-UPDATED July, 2020

Fox Rothschild LLP on

Fox Rothschild’s Privacy and Data Security practice group maintains this searchable PDF document as well as the Data Breach 411 app to inform businesses of the breach notification statutes in each of the 50 states, Guam,...more

Steptoe & Johnson PLLC

A New Year and a New Approach to State Data Breach Legislation

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WHAT YOU NEED TO KNOW: Ohio is taking a unique approach to addressing data breaches by offering businesses meeting certain requirements with a safe harbor against lawsuits following a data breach. Specifically, the act...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

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

Bricker Graydon LLP

Ohio’s new cybersecurity safe harbor law takes effect

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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

Fisher Phillips

“Job Killer” Data Breach Litigation Bill Barely Passes California Senate

Fisher Phillips on

Since my last blog post about SB 1121, the California Senate voted to send SB 1121 to the state Assembly. The on May 30 vote was very close, 22-13, only one above the 21-vote threshold for passing the bill and strictly along...more

Mintz - Privacy & Cybersecurity Viewpoints

Alabama Becomes 50th State to Enact Data Breach Notification Law

Alabama has joined the “crazy quilt” of state data breach notification laws with the governor’s signature of the Alabama Data Breach Notification Act of 2018. Things to take note of under the Alabama law...more

Fisher Phillips

New York Introduces New Data Protection Legislation

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Citing a sixty percent increase in data breach notifications from 2015 to 2016, New York Attorney General Eric Schneiderman recently introduced the Stop Hacks and Improve Data Electronic Security Act (SHIELD) bill. The...more

Mintz - Privacy & Cybersecurity Viewpoints

The February 2017 Update – The Mintz Matrix

During 2016, amendments to breach notification laws in five states went into effect (California, Nebraska, Oregon, Rhode Island and Tennessee). And by the end of last year, well over twenty states had introduced or were...more

Morrison & Foerster LLP - Social Media

Socially Aware: The Social Media Law Update Volume 8, Issue 1

The Decline and Fall of the Section 230 Safe Harbor? - 2016 was a tough year for a lot of reasons, most of which are outside the scope of this blog (though if you’d like to hear our thoughts about Bowie, Prince or...more

Mintz - Privacy & Cybersecurity Viewpoints

Summer Round-Up: Four States Bolster Data Breach Notification Laws and More Changes on the Way

As has become typical in the data security space, there was quite a bit of activity in state legislatures over the previous year concerning data breach notification statutes. Lawmakers are keenly aware of the high profile...more

Butler Snow LLP

Tennessee Amends Its Data Breach Notification Laws

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Removes the Encryption Safe Harbor, Limits the Timing of Notice, and Expands “Unauthorized Persons” - Effective July 1, 2016, Tennessee becomes the first state to remove the encryption safe harbor from its data breach...more

Spilman Thomas & Battle, PLLC

Unauthorized Transfers Present Growing Risks for Commercial Accounts

Could your institution be at risk of liability for unauthorized wire transfers and Automated Clearing House (“ACH”) credit transfers? Data security breaches continue to garner headlines, and criminals continue to engage in...more

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