New Jersey S2464 creates an affirmative defense for certain breaches of security for covered entities.
New Jersey S2464 establishes an affirmative defense for breaches of security concerning personal and restricted information. A covered entity, which includes businesses and government units, can raise this defense if it has a cybersecurity program that reasonably conforms to industry-recognized frameworks. The program must include safeguards to protect against breaches, threats, and unauthorized access. The Director of the Division of Consumer Affairs can determine if a cybersecurity program reasonably conforms to these frameworks. The bill does not provide a private right of action.
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- Legal Framework
- Critical Issues
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