2022 Breach Notification Law Update: State and Federal Requirements Continue To Evolve | Perkins Coie

Overview

Cyberattacks continue to plague businesses, making the fallout of data breach notification and response as critical as ever. This year, like 2021, has been relatively quiet as it relates to state updates to breach notification laws. Much of the excitement has instead been around omnibus privacy laws, some of which cover data security as well. Only Maryland made significant alterations to its general data breach notification law, while several other states made more minor changes, as detailed below.

While the state law front has been relatively muted in 2022, the federal government has issued or proposed several new data security and breach reporting requirements for certain types of entities. Companies should take note of the updates in federal laws and federal guidance demanding cybersecurity measures in order to maintain adequate security posture to best prevent ransomware and other cyberattacks.

We discuss relevant state and federal updates below.

State Breach Law Updates

Maryland

On May 29, 2022, Maryland’s governor signed into law a variety of changes to its breach notification law that became effective on October 1, 2022, most of which have relatively…