The New Florida Cybersecurity Bill Confronts Cyber Threat Liability

Safeguarding personal and sensitive information from cyber threats has become a paramount concern for governments, businesses and individuals alike. Recognizing the critical need to bolster cybersecurity measures, the Florida Legislature has introduced a groundbreaking bill to provide legal protections against data breach lawsuits while incentivizing entities to prioritize cybersecurity efforts.

The Cybersecurity Incident Liability Act, also known as Florida House Bill No. 473, represents a significant step in addressing the escalating challenges posed by cyber threats. Let’s delve into the key provisions of this proposed legislation.

Read: Is Your Business Cybersecurity Compliant?

Overview of the Bill and Its Provisions

The bill seeks to shield government and businesses operating in Florida from liability claims arising from data breaches occurring during cyber attacks. The bill has garnered bipartisan support and offers a “safe harbor” to entities demonstrating substantial compliance with recognized cybersecurity standards and frameworks.

One of the central tenets of the bill is the establishment of a legal safe harbor for entities that maintain robust cybersecurity measures aligned with industry-recognized standards. Under this provision, businesses would be entitled to affirmative defense against tort claims related to data breaches, provided they can demonstrate adherence to specified cybersecurity frameworks.

Recognized Frameworks

House Bill 473 outlines a comprehensive list of industry-recognized cybersecurity frameworks that entities can adopt to qualify for the safe harbor. These frameworks include:

• The National Institute of Standards and Technology (NIST) Framework for Improving Critical Infrastructure Cybersecurity
• NIST special publications like 800-171, 800-53 and 800-53A
• The Federal Risk and Authorization Management Program (FedRAMP) security assessment framework
• The Center for Internet Security (CIS) Critical Security Controls
• The International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) 27000 series of standards

Importantly, the bill adopts a flexible approach to cybersecurity compliance, considering the diverse nature of businesses and their security needs. Entities are encouraged to align their cybersecurity programs with federal requirements, such as the Health Insurance Portability and Accountability Act (HIPAA) and the Gramm-Leach-Bliley Act (GLBA).

Implications for Florida Businesses

For businesses operating in Florida, the bill represents both an opportunity and a responsibility to Florida firms. By embracing industry best practices and implementing robust cybersecurity measures, entities can not only mitigate the risk of data breaches but also benefit from the legal protections the bill provides.

As the bill progressed through the legislative process, its passage would set a significant precedent for other states grappling with cybersecurity challenges. By incentivizing proactive cybersecurity measures and providing a framework for legal recourse in the event of a breach, Florida is taking proactive steps to safeguard sensitive information and protect data.

How Thriveon Can Help

Implementing these robust cybersecurity frameworks can be a daunting task, especially if your business isn’t up to date on the latest measures. That’s where Thriveon can help.

We offer professionally managed cybersecurity services to meet compliance and expand your competitive edge. Schedule a meeting with us today to find out how we can help.