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?
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.
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:
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).
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.
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.