On March 11, 2021, Utah enacted House Bill 80, known as the Data Security Amendments, which introduces significant changes to how data breach claims are handled. Effective May 5, 2021, Utah Code § 78B-4-701 offers companies an affirmative defense in litigation if they adhere to a recognized cybersecurity framework and meet specific criteria.
The law allows companies to defend against claims related to data breaches if they fail to implement reasonable information security controls, fail to appropriately respond to a breach, or fail to notify individuals whose personal information was compromised, provided they "reasonably comply" with a recognized cybersecurity framework.
Utah’s New Safe Harbor Law for Data Breach Litigation
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