As threats from cybercriminals persist, it is reported that over 40 states have as of November 2023, introduced proactive cybersecurity legislation to protect personal information. Furthermore, at least 20 states have enacted privacy and/or cybersecurity laws to reinforce these efforts. This emerging trend creates a rather complex legal landscape in the United States, reflecting different strategies across the nation.
These various legislative frameworks are complemented by federal laws, state constitutional rights, certain industry mandates, like those for payment card processors, and common law. Collectively, these require companies to take “reasonable” steps in mitigating “foreseeable” risks that could threaten the integrity, availability, and confidentiality of personal data. Considering this advancing shift in legislation, it becomes crucial for companies to familiarize themselves with these laws and identify which apply to them.
The efficacy of these laws hinges on their implementation. Thus, companies are also recommended to identify the best practices to comply with these legal mandates. In this rapidly evolving cybersecurity and privacy legal atmosphere, corporate legal professionals need to stay updated and vigilant.
Review the detailed legislative landscape and tips on law.com.