Advertising Law Blog

Data breaches can range from malicious retail store breaches to smaller, seemingly innocuous technology errors. Unfortunately, there is no uniform federal data breach law. Rather, a business’ data breach compliance obligations are currently subject to complex state law patchwork. While many of the state data breach laws have some commonality, there are important differences surrounding what constitutes a data breach, as well as the notice and timing obligations. We reference Experian’s Data Breach Legislative White Paper which provides a helpful summary of the current state of legislative affairs involving data breach laws. As data breach exposure continues to mount for companies large and small, it is imperative that they take steps in advance to address potential breaches as well as have an action plan in place.