Ohio has pioneered data security legislation with the enactment of Senate Bill 220, which was signed into law on August 3, 2018, and became effective on November 2, 2018. This law, codified as Ohio Revised Code § 1354.02, introduces a “safe harbor” provision for companies facing data breach litigation. Here's a detailed look at how this law works and what it means for businesses:
Under Ohio law, businesses can secure an affirmative defense against claims alleging data breaches if they follow a written cybersecurity program aligned with recognized industry standards. This defense is available if the company has implemented a cybersecurity program that reasonably adheres to established frameworks and the program includes safeguards for protecting personal and restricted information.
Ohio Enacted Data Breach Safe Harbor Law
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