September 19, 2019

September 19, 2019

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September 18, 2019

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September 17, 2019

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Maryland Adds Requirements to Breach Notice Law

Maryland has amended its breach notification law to require businesses that maintaindata, not just those that own or license the data, to conduct “a reasonable and prompt investigation” into whether personal information has been or will be misused. This requirement will go into effect in October 2019. Starting then, vendors who maintain information will also have a duty to investigate, not just data owners. This is unlike other states with “duty to investigate” requirements, like Connecticut, Delaware, New Hampshire, and Wyoming, among others. In those states (and others), only the data owner is statutorily required to investigate. To the extent that vendors have been obligated to investigate, that obligation falls under other provisions of breach notice laws, namely requirements for the vendor to “cooperate” with the data owner. Or, in some cases, companies may have contractually required their vendors to conduct investigations in the event of a breach or potential breach.

Putting it Into Practice: Data owners may welcome this investigation requirement now being placed on data “maintainers.” For companies that maintain data on behalf of others, they should keep this duty to investigate requirement in mind, in addition to existing “cooperation” obligations.

Copyright © 2019, Sheppard Mullin Richter & Hampton LLP.

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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
Liisa Thomas, Sheppard Mullin Law Firm, Chicago, Cybersecurity Law Attorney
Partner

Liisa Thomas, a partner based in the firm’s Chicago and London offices, is Co-Chair of the Privacy and Cybersecurity Practice. Her clients rely on her ability to create clarity in a sea of confusing legal requirements and describe her as “extremely responsive, while providing thoughtful legal analysis combined with real world practical advice.” Liisa is the author of the definitive treatise on data breach, Thomas on Data Breach: A Practical Guide to Handling Worldwide Data Breach Notification, which has been described as “a no-nonsense roadmap for in-house and external practitioners alike.”

She is known as an industry leader in the privacy and data security space and is consistently recognized by Leading Lawyers Network, Chambers and The Legal 500, and leading publications and organizations for her work in this area of law. Liisa was recently recognized as the 2017 Data Protection Lawyer of the Year - USA by Global 100, the 2017 U.S. Data Protection Lawyer of the Year by Finance Monthly, and the “Best in Data Security Law Services” at Corporate LiveWire’s 2017 Global Awards.

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