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ARTICLE · 14 AUGUST 2023

Iowa Joins Growing List To Offer Potential Safe Harbor For Companies With Security Programs

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Iowa recently became the fifth state to offer businesses a safe harbor if they have a written cybersecurity program.

United StatesTechnology
Liisa Thomas
Liisa Thomas
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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, 2020), and Utah (effective March 5, 2021). Like these, as of July 1, 2023, businesses that have a written cybersecurity program and suffer a breach may have an affirmative defense in Iowa against tort claims for inadequate security measures.

To take advantage of the safe harbor, the company must have a written cybersecurity program that contains certain elements. The program must, inter alia:

  • Evaluate and mitigate anticipated risks on a continual basis
  • Be of an appropriate scope and scale, measured by it costing "no less than [the company's] most recently calculated maximum probable loss value"

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