News & Analysis as of

Data Breach Affirmative Defenses

Lighthouse

2021 Data Privacy Overview: New Regulations and Guidance

Lighthouse on

While everyone hoped that 2021 would be less tumultuous than 2020, it certainly did not turn out that way in the end. The same was true in the world of data privacy – with sweeping new data protection regulations and guidance...more

Hogan Lovells

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

Hogan Lovells on

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

Fisher Phillips

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

Fisher Phillips on

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

Jackson Lewis P.C.

Utah Is The 2nd State To Create A Safe Harbor For Companies Facing Data Breach Litigation

Jackson Lewis P.C. on

In mid-March, Utah Governor Spencer Cox signed into law the Cybersecurity Affirmative Defense Act (HB80) (“the Act”), an amendment to Utah’s data breach notification law, creating several affirmative defenses for persons...more

Hinshaw & Culbertson - Privacy, Cyber & AI...

Utah Becomes the Second U.S. State to Establish Affirmative Defenses for Data Breach

In enacting the Cybersecurity Affirmative Defense Act, HB80, (Act) on March 11, 2021, Utah became the second state in the U.S. to create affirmative defenses for “persons” to certain causes of action arising out of a breach...more

Steptoe & Johnson PLLC

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

Steptoe & Johnson PLLC on

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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - September 2018

In this month's Privacy & Cybersecurity Update, we examine recent trends and court decisions, including a new law in Ohio that provides a safe harbor from tort-based data breach claims if the company adopts certain security...more

Cozen O'Connor

Highlights of the Omnibus HIPAA/HITECH Final Rule

Cozen O'Connor on

On January 25, 2013, the Office of Civil Rights (OCR) of the Department of Health & Human Services (HHS) published the long-awaited omnibus final regulation governing health data privacy, security and enforcement (Omnibus...more

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