MOAB AND ST. GEORGE, UTAH — Utah businesses are responsible for protecting their customers’ sensitive data from cyber threats. In response to the growing need for cybersecurity measures, Utah updated its cybersecurity law on March 11, 2021, with the Utah Cybersecurity Affirmative Defense Act (UCADA). This act provides an affirmative defense against certain causes of action arising from data breaches if a business meets certain cybersecurity standards.
UCADA sets specific data security and privacy standards that businesses must meet to qualify for the affirmative defense. These standards include:
– Implementing a written cybersecurity program that includes administrative, technical, and physical safeguards.
– Conducting a risk assessment of the business’s information systems and implementing reasonable safeguards to address identified risks.
– Regularly testing and monitoring the effectiveness of the business’s cybersecurity program.
– Providing cybersecurity awareness training to employees.
– Implementing reasonable access controls to protect sensitive information.
Businesses that meet these standards and become victims of a data breach may use the affirmative defense provided by UCADA to defend against certain causes of action, such as negligence or breach of contract.
Improved Standards for Data Security
In addition to the affirmative defense, UCADA also sets specific data security and privacy standards that businesses must meet. These standards include:
– Implementing reasonable measures to protect personal information from unauthorized access, use, or disclosure.
– Developing and implementing a written information security program that includes administrative, technical, and physical safeguards appropriate to the size and complexity of the business and the nature and scope of its activities.
– Regularly monitoring and assessing the effectiveness of the information security program.
– Taking appropriate action in response to a breach of personal information.
– Failure to comply with UCADA could result in significant fines and penalties. The Utah Attorney General’s office has the authority to investigate and enforce violations of the law. Businesses found to be in violation could face fines of up to $2,500 per violation and other penalties.
Utah businesses must take this law seriously and work with cybersecurity experts to ensure compliance and protect their customers’ sensitive data. Cybersecurity experts can help businesses assess their cybersecurity risks, develop a cybersecurity program, and implement necessary safeguards to comply with UCADA.
We also recommend that Utah businesses stay informed of the latest cybersecurity threats and trends. Cybersecurity threats constantly evolve, and businesses must adapt their cybersecurity programs accordingly. Staying informed and regularly updating cybersecurity measures can help businesses stay one step ahead of cybercriminals.
Key Takeaways
In conclusion, the Utah Cybersecurity Affirmative Defense Act sets specific data security and privacy standards that businesses in Utah must comply with. Businesses that meet these standards and become victims of a data breach may use the affirmative defense provided by UCADA to defend against certain causes of action. Failure to comply with UCADA could result in significant fines and penalties. Businesses must take this law seriously and work with cybersecurity experts to ensure compliance and protect their customers’ sensitive data.
To find out if your business is protected by Utah’s cybersecurity affirmative defense act, visit our compliance page, and we will contact you with the results as soon as possible.
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