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Delaware has joined the growing list of states that have recently amended their data breach laws. With passage of the first significant amendments to its data breach law since 2005, Delaware continues a state-law trend of creating new, widely applicable obligations to implement reasonable security measures; protect additional types of personal information; notify individuals, regulators, and other businesses of breaches; and mitigate harm flowing from cyber incidents.
Ballard Spahr Partner Edward J. McAndrew, a practice leader of the firm's Privacy & Data Security Group, was part of a group of Delaware attorneys who provided suggested revisions to the Delaware data breach statute. The most significant aspects of Delaware's amended law—which takes effect 240 days after enactment—include:
Edward J. McAndrew is an attorney with Ballard Spahr in Washington, D.C. Philip N. Yannella is an attorney with Ballard Spahr in Philadelphia. David M. Stauss is an attorney with Ballard Spahr in Denver. © Ballard Spahr. All rights reserved. Reposted with permission.
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