Utah Provides Defense Against Data Breach Claims

Effective May 5, 2021, entities can defend claims alleging failure to establish security controls and notify affected individuals of a breach if written cybersecurity programs are in place that conform to an industry-recognized framework; the affirmative defense cannot be claimed if the entity had actual notice of a threat or hazard to PI or restricted information, did not take remedial measures in a reasonable amount of time, and a breach resulted.

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Utah – Cybersecurity Affirmative Defense Act was signed, on 11 March 2021

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