September 18, 2021

Volume XI, Number 261

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Connecticut Enacts New Cybersecurity Safe Harbor

Connecticut recently enacted cybersecurity legislation that provides a safe harbor for businesses that implement a written cybersecurity program. Under the legislation, set to go in effect on October 1, 2021, punitive damages will not be assessed on a business that has suffered a data breach, in the event that there are causes of action alleging a failure to implement reasonable cybersecurity controls, which failure resulted in the breach.

To take advantage of this safe harbor, businesses must implement a written cybersecurity program containing administrative, technical, and physical safeguards that conforms to an industry recognized cybersecurity framework. The recognized frameworks include NIST SP 800-171, NIST SP 800-53, and the ISO/IEC 27000-series. Businesses regulated by HIPAA/HITECH or GLBA may also meet the safe harbor cybersecurity requirements by conforming to the applicable regulatory requirements.

Putting it Into Practice: Businesses operating in Connecticut should review their cybersecurity program and consider implementing any additional measures, to the extent necessary, to take advantage of this new safe harbor. 

 

Copyright © 2021, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume XI, Number 203
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About this Author

Elfin Noce Business Trial Attorney
Associate

Elfin L. Noce is an Associate in the Business Trial Practice Group in the firm's Washington, D.C. office.

Practices

  • Litigation

Industries

  • Communications

Education

  • J.D., University of Missouri, Columbia, 2005

  • B.A., Truman State University, 2000

Admissions

  • *Not admitted in District of Columbia; supervised by partners of the firm

  • Missouri

202.747.2196
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