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ARTICLE · 20 NOVEMBER 2018

Digital Media, Technology & Privacy Alert >> New Law Creates Data Breach Safe Harbor For Companies With Written Security Programs

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A new Ohio law – the Ohio Data Protection Act (the "Act") – has created a legal safe harbor to limit a company's litigation

United StatesTechnology
Gary Kibel
Gary Kibel
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A new Ohio law – the Ohio Data Protection Act (the "Act") – has created a legal safe harbor to limit a company's litigation exposure after a data breach if the company maintains and complies with a cybersecurity program with certain controls at the time of breach. All companies – whether located or operating in Ohio or not – should adopt a cybersecurity program that meets the requirements of the Act.

The Benefits

The Act provides covered entities with a legal safe harbor that can be pled as an affirmative defense to tort claims brought in Ohio courts or under Ohio law alleging a company's failure to implement a reasonable cybersecurity program meeting security standards resulting in a breach.

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