News & Analysis as of

New Legislation Data Breach Safe Harbors

Jackson Lewis P.C.

Texas Enacts Liability Shield From Punitive Damages for Certain Small Businesses That Adopt Cybersecurity Programs

Jackson Lewis P.C. on

On June 20, 2025, Texas Governor Greg Abbott signed SB 2610 into law, joining a growing number of states that aim to incentivize sound cybersecurity practices through legislative safe harbors. Modeled on laws in states like...more

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

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

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

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

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

Womble Bond Dickinson

Ohio Enacts First Cybersecurity Safe Harbor

Womble Bond Dickinson on

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

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

Fisher Phillips

New York Introduces New Data Protection Legislation

Fisher Phillips on

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

Davis Wright Tremaine LLP

Tennessee Gives Businesses 45 Days for Data Breach Notice

Recent amendments to the State’s data breach statute give a hard deadline for a business to provide consumer notice, removes encryption safe harbor, exempts entities that are subject to the Health Insurance Portability and...more

Davis Wright Tremaine LLP

California Beefs Up Encryption & Notice in Data Breach Law

On October 8, 2015, California Governor Jerry Brown signed A.B. 964 and S.B. 570 into law, a pair of bills that amended the Golden State’s data breach notification statute (Ca. Civ. Code § 1798.82). The amendments...more

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