Photo of Litigation Blog Mailise Marks mmarks@smsm.com
201.604.4084
Mailise Marks is an associate attorney in the firm's Jersey City office focusing her practice on complex commercial litigation, construction litigation, counseling, and …

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CYBER RISK CLIENT ALERT: The SHIELD Act Requires Corporations to Implement Cyber-Security Measures

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Introduction

New York will soon take another step forward towards protecting residents’ confidential data. As of March 21, 2020, any company that owns or licenses computer data that contains the private information of a New York resident must implement and maintain reasonable measures to protect that information.  This new legislation impacts any business that obtains or preserves New York residents’ confidential information regardless of where that business is located.  New York’s expanding protection serves as yet another reminder of the importance of corporate cyber-resilience.

In 2005, New York enacted the “Information Security Breach and Notification Act.”[1] (“Notification Act”).  As with other states throughout the country, the New York State legislature recognized the significant adverse impact of data security breaches as well as identity theft, and further recognized that New York residents were “hindered by a lack of information regarding breaches. . . .”  Accordingly, the state legislature enacted the Notification Act to ensure that New York residents are properly informed in the event of a data breach, as such information would empower residents to implement measures designed to repair damage and, if possible, prevent future damage from a data breach. More »

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