Data breach notification requirements are complex in the US, with various federal and state laws containing different requirements for when security incidents must be disclosed.
Some even have substantially different definitions for what a ‘data breach’ or ‘personal data’ is.
As such, it can be hard to know whether you need to report an incident, let alone how you should go about it.
We address these issues in this blog, bringing some much-needed clarity to the subject.
State laws on data breach notification
There is no single set of data protection laws in the U.S., with the rules instead comprised of a patchwork of industry-specific federal laws and state legislation.
To complicate matters further, several states have created new laws in recent years to bolster data protection requirements. For instance, New York has created the SHIELD Act, while Colorado and California have both created data privacy legislation.
Elsewhere, the U.S. government is attempting to unify data protection requirements with its National Cybersecurity Strategy.
The decision to revise data protection laws follows the introduction of the EU GDPR (General Data Protection Regulation) in 2018, which radically shifted organizations’ requirements.
Organizations in the U.S. that process EU residents’ personal data are required to comply with the GDPR, and those that conduct business across state lines will face similar compliance challenges.
You can find a summary of each state’s federal data breach notification laws on our website, along with links to the texts themselves.
The GDPR is particularly important here, because many organizations in the U.S. assume that it only applies in the EU. However, its requirements apply to any organization that processes EU residents’ personal data, which is particularly common for organizations that have an online presence.
GDPR compliance is also helpful for managing patchwork of U.S. data protection legislations. Its requirements are far stricter than any domestic laws, so achieving GDPR compliance will cover you for a range of other requirements.
You can learn more about the GDPR and the ways it can help you meet your data protection requirements by reading General Data Protection Regulation (GDPR) – A compliance guide for the US.
This free guide explains how and when the GDPR applies in the U.S. and the steps you can take to ensure your organization meets its transatlantic data processing practices.
You’ll also learn about the Regulation’s core principles and data subject rights, and the benefits of GDPR compliance.
We also provide tips on how to write your data privacy notice and give you tips on how to further your understanding of its compliance requirements.
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