The Florida Legislature recently passed House Bill 473, which (as of March 28) is pending approval by the governor. If enacted, the bill will provide important new liability protections to businesses that suffer data breaches despite the adoption and implementation of meaningful data privacy and cybersecurity safeguards.
To benefit from the liability protections, businesses (including vendors that store, maintain or process personal information on behalf of a business) must meet the specific conditions outlined below:
If a company or third party meets the aforementioned requirements, it is immune from lawsuits "in connection with a cybersecurity incident." The ultimate parameters of this immunity will likely be shaped by the courts. Nonetheless, this legislation is vital to the reduction in exorbitant litigation costs, particularly in proposed class actions.
If the bill is enacted, it will become effective immediately and will apply on a prospective basis to any suits filed on or after that date and any class actions that are not certified as of the effective date.
Day Pitney LLP has extensive experience advising businesses across Florida and the country on the adoption and implementation of data privacy and cybersecurity compliance programs that comply with industry standards and state and federal privacy regulatory regimes. The firm's attorneys also have decades of combined experience in responding to cybersecurity incidents and representing companies in cybersecurity incident-related litigation and class action defense. For further guidance on taking advantage of the benefits of this bill, please do not hesitate to reach out to our team.
Day Pitney Attorneys Elizabeth Retersdorf, Ashley Picker Dubin and Damian Privitera authored the article “What New Conn. Insurance Bulletin Means for Data and AI,” for Law360.
Day Pitney Data Privacy, Protection and Litigation chair William Roberts authored an op-ed with CBIA's President and CEO Chris DiPentima titled "Here Are Preemptive Measures to Limit a Cyberattack's Damage to Your Business," for the Hartford Business Journal.
Day Pitney Partner Kritika Bharadwaj has been named to the 2024 Lawdragon 100 Leading Global AI & Legal Tech Advisors list. This is the inaugural year for this list.
Day Pitney Healthcare, Life Sciences, and Technology Counsel Damian Privitera's arrival was featured in the Law360 article "Moses & Singer Healthcare Atty Joins Day Pitney in Hartford."
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Day Pitney Cybersecurity, Healthcare and Technology (C.H.A.T.) Newsletter – February 2024
Day Pitney Cybersecurity, Healthcare and Technology (C.H.A.T.) Newsletter – February 2024
Day Pitney Data Privacy, Protection and Litigation co-chair William Roberts was featured on Vancord CyberSound podcast "Understanding the Data Privacy Patchwork: What You Need to Know."
Day Pitney Discovery Counsel Ashley Picker Dubin was featured in a Legaltech News Q&A on her new role as Discovery Counsel at the firm.
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