Analysis

Ohio's Data Security Law To Test Incentive-Driven Strategy

Law360 (November 21, 2018, 8:42 PM EST) -- Ohio's new data security law takes the novel approach of rewarding companies for steps they take to protect personal information rather than punishing them in the wake of lapses, but whether this will catch on is likely to hinge on if the measure's limited liability shield is enough to spur businesses into action, attorneys say.

With the enactment of Senate Bill 220, known as the Ohio Data Protection Act, the Buckeye State became the first to provide a liability shield for some claims in data breach litigation for companies that implement a written cybersecurity program that "reasonably conforms" to at least...

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