Connecticut Enacts Safe Harbor From Punitive Damages In Data Breach Cases

Jason Gavejian and Joseph Lazzarotti of JacksonLewis write:

Effective October 1, 2021, Connecticut becomes the third state with a data breach litigation “safe harbor” law (Public Act No. 21-119), joining Utah and Ohio. In short, the Connecticut law prohibits courts in the state from assessing punitive damages in data breach litigation against a covered defendant that created, maintained, and complied with a cybersecurity program that meets certain requirements. Cyberattacks are on the rise – think Colonial Pipeline, Kaseya, JBS, and others – with ransomware attacks up 158 percent from 2019-2020 in North America.

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