Cyber Security Laws – As a business, you know that your data is valuable. You also know that it’s important to keep it safe from unauthorized access and destruction. But what happens if someone breaches your security? In this blog post, we will explore seven cyber security laws that will protect your company’s data from destruction or unauthorized access. We will also provide tips on how to implement these laws in order to safeguard your data and protect yourself from potential legal liabilities.
What is Cyber Security Laws?
Cybersecurity laws vary from state to state, but typically protect businesses and individuals from data breaches that could lead to identity theft or other types of financial or personal damage. In some cases, the laws require businesses to take specific steps to protect their data, such as encrypting it with a key known only to the business.
What are the different types of data breaches?
There are a variety of cyber security laws that companies can use to protect their data.
Below is a list of five different types of data breaches and their corresponding cyber security laws:
- Identity theft: The Electronic Communications Privacy Act (ECPA) protects the privacy of electronic communications, including the contents of emails and other online communications. This law includes provisions that prohibit unauthorized access to electronic communications and unauthorized use, disclosure, or interception of those communications.
- Security breach: The Sarbanes-Oxley Act (SOX) is a United States law that addresses corporate accounting and reporting violations. It includes provisions that require companies to notify investors if they suffer a major financial loss as a result of a breach of security. In addition, SOX prohibits companies from misleading investors about the nature of the breach.
- Data manipulation: The Health Insurance Portability and Accountability Act (HIPAA) covers the privacy and security of personal health information. This law requires companies to take steps to secure this information, including developing policies and procedures for protecting this data from unauthorized access, use, or disclosure.
- Illegal computer activity: The Computer Fraud and Abuse Act (CFAA) makes it illegal to tamper with or abuse computers used by government entities or commercial organizations for official business purposes. This law also makes it illegal to steal or misappropriate passwords or other authentication credentials using computers owned by persons other than the offender.
- Cyber espionage: The Economic Espionage Act of 1996 (EEA) makes it a crime to steal trade secrets or confidential business information with the intent to benefit another person without consent. This law covers a broad range of activities, including obtaining information by computer intrusion or theft, even if the information is not classified.
7 Cyber Security Laws That Will Protect Your Company’s Data
There are cyber security laws that protect your company’s data, and here are a few of the most important ones.
- The Sarbanes-Oxley Act of 2002: This is a law that was created to protect companies from financial fraud. It requires companies to keep accurate records of their finances and make sure that all employees know about the company’s financial policies.
- The Gramm-Leach-Bliley Act of 1999: This is a law that is designed to protect customers’ personal information. It requires companies to secure customer data and to ensure that customers have the ability to access their information.
- The Health Insurance Portability and Accountability Act of 1996: This is a law that protects patients’ health insurance information. It requires companies to protect patient data and to provide patients with access to their information.
1. GDPR
As the General Data Protection Regulation (GDPR) goes into effect on May 25, 2018, businesses of all sizes must take steps to protect their customer data.
Under the GDPR, companies must take reasonable measures to protect data from unauthorized access, destruction, alteration, or unauthorized use. Additionally, companies must implement a data protection policy that is publicly available and provides individuals with clear and concise information about their rights under GDPR. Finally, companies must notify individuals if their personal data is subject to a processing request that does not comply with GDPR requirements.
Given the strict regulations under GDPR, it’s important for businesses to review their existing cyber security policies and procedures to ensure they are in compliance. NIST’s Framework for Cyber Security Frameworks offers guidance on how best to achieve these goals.
Additionally, some recommended steps for protecting your organization’s data against cyber threats include:
- Configure your network and systems to protect against cyber threats. Settings such as passwords, firewalls, intrusion detection/prevention systems (IDS/IPS), and secure communications can help minimize risks associated with online attacks.
- Implement risk management processes and practices to identify vulnerabilities in your networks and systems and assess the risks posed by known cyber threats. This information can help you prioritize remediation efforts and improve overall cybersecurity posture.
- Employ proper incident response planning processes in order to respond quickly to breaches that occur on your networks or systems. This will help mitigate the potential damage caused by a cyber attack and improve your organization’s overall cyber resilience.
- Educate employees about the risks associated with online activities and cyber threats, and provide them with the appropriate tools and training to help them protect themselves.
- Implement measures to verify the identity of individuals who request access to your company’s systems or data. This can help ensure that only authorized individuals have access to sensitive information.
- Regularly audit your systems and data for unauthorized changes or access, and take appropriate action if detected. This will help identify and prevent any malicious activity that could compromise your organization’s data security.
2. Children’s Online Privacy Protection Act (COPPA)
The Children’s Online Privacy Protection Act (COPPA) is a federal law that requires websites and online services to get parental consent before collecting personal information from children under 13. This includes your child’s name, email address, zip code, and other contact information.
If your company fails to get parental consent or comply with COPPA, it could face fines of up to $5000 per violation. To help protect your company’s data from unauthorized access, make sure you are familiar with the laws governing cyber security and COPPA.
3. California Consumer Privacy Act (CCPA)
The California Consumer Privacy Act of 2018 (CCPA) is a new law that regulates how businesses collect and store consumer data. The CCPA sets strict guidelines for what companies must do to protect consumer data, including requiring companies to get consumers’ consent before collecting their information.
The CCPA also requires companies to disclose any data breaches immediately, and provides victims with rights to redressal, such as compensation. The CCPA takes effect on January 1, 2020.
If you operate in California, it’s important to understand the CCPA and comply with its requirements. Violations can result in significant sanctions, including financial penalties and even criminal penalties. If you’re concerned about your company’s data privacy practices, consult an lawyer or specialist in this area.
4. The New York State Department of Financial Services Cybersecurity Regulations (23 NYCRR 500)
The New York State Department of Financial Services (DFS) has released new cybersecurity regulations that will help protect companies’ data.
Under the regulations, regulated entities must implement a cyber security program in order to maintain their licenses and stay compliant with other state and federal laws. The program must include procedures for detecting and responding to threats, protecting against unauthorized access, use, disclosure or destruction of information and systems, monitoring activity, and training employees.
DFS is also requiring regulated entities to establish an incident response plan in case of a breach. This plan should include timelines for notifying relevant parties, conducting investigations, restoring service if possible and informing affected individuals.
5. Fair Credit Reporting Act (FCRA)
The Fair Credit Reporting Act (FCRA) is a federal law that protects the privacy of individuals by ensuring accurate and timely credit reports. Under FCRA, an organization must provide notification to consumers if their credit report is subject to a security freeze. Additionally, organizations must give consumers the opportunity to review and request changes to their credit report. If an organization fails to comply with FCRA, it may be subject to fines.
Organizations that collect personal information must take measures to protect that information from unauthorized access, use, or disclosure. This includes establishing appropriate security controls and procedures for computer systems that contain sensitive data. Organizations should also ensure that employees who have access to sensitive data are properly trained on the importance of protecting it and follow acceptable practices when handling it.
6. Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records. Under FERPA, schools must get written consent from parents or guardians before disclosing any information about a student’s education, including exam results. Schools are also prohibited from selling or sharing student data without written consent from the parent or guardian.
FERPA applies to all schools that receive Federal funds, including businesses with online courses and programs. All companies with students in the U.S., regardless of size, must comply with FERPA if they collect, use, transmit, or maintain any student data.
Companies must take steps to protect the privacy of student data no matter where it is located. This includes encrypting data when it is stored on an organization’s servers, taking steps to limit access to sensitive data, and training employees on how to protect user data.
If a company violates FERPA, it can be fined up to $10,000 per violation per student affected. Additionally, school officials who knowingly disclose personally identifiable information without parental consent can be fined up to $250,000 per violation.
7. Health Information Portability and Accountability Act
The Health Information Portability and Accountability Act of 1996 (HIPAA) is a federal law that regulates the privacy and security of health information. HIPAA sets out specific rules for how organizations must protect patient data, and requires companies to disclose any breaches that occur.
Under HIPAA, organizations must keep patient data confidential and secure, and must provide patients with a notice explaining how their data was compromised. If an organization violates HIPAA, it can face significant penalties, including fines of up to $5 million per violation.
While HIPAA is a powerful tool for protecting patient data, it isn’t the only law you need in place to protect your company’s data. Cybersecurity laws also play an important role in protecting your company’s data from theft or attack.
What are the penalties for violating cyber security laws?
There are a number of penalties for violating cyber security laws, and depending on the severity of the violation, there could be severe consequences. Some of the most common penalties include fines, imprisonment, or both.
Cyber security laws vary from state to state, but many of them have similar penalties. For example, most states have criminal statutes that deal with cyber crimes, and these statutes often include provisions that impose stiff fines and prison sentences for violations. In addition to criminal penalties, many states also have civil statutes that provide remedies for individuals who have been victims of cyber crime. These provisions often involve awarding damages to the victim, including monetary awards and relief from future harm.
Violating cyber security laws can result in serious consequences for your business. If you are aware of any unauthorized activity involving your company’s data or information systems, it is important to take action immediately to protect yourself and your data. Contact an attorney if you have any questions about how to comply with applicable cyber security laws.
How do companies protect their data?
There are a number of laws in place to protect companies’ data, and all have different provisions that companies need to be aware of. Some of the most important cyber security laws include the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009, which expanded federal hate crimes law to include cyber-bullying; the Health Insurance Portability and Accountability Act (HIPAA), which governs information privacy for healthcare providers; and the Children’s Online Privacy Protection Act (COPPA), which regulates how children’s personal information is collected online.
Each company will have different needs when it comes to protecting its data, so it’s important that you understand your obligations under each law. For example, HIPAA requires that businesses take reasonable steps to protect patient privacy, while COPPA requires that sites ask users before collecting personal information online. Each situation is unique, so it’s important to consult with an attorney or other expert if you’re uncertain about your obligations.
Conclusion
The cyber security landscape is constantly evolving and new laws are being passed that could protect your company’s data. By understanding these laws, you can ensure that your business is compliant and protected from potential cyber threats.
The following seven cyber security laws will help you to stay ahead of the curve:
- Cybersecurity Risk Management Act of 2015: This law requires companies to assess their cybersecurity risks and develop a plan to mitigate them.
- Data Breach Notification and Imposition of Penalties Act: This law imposes penalties on organizations who do not notify individuals affected by a data breach within 60 days.
- GDPR: The General Data Protection Regulation (GDPR) sets strict rules for how personal data must be collected, processed, and stored by organizations operating in the EU.
- US-CERT Alert ID 2017-05: This alert warns businesses about a vulnerability in Microsoft Windows that could be exploited to gain access to systems.
- National Defense Authorization Act for Fiscal Year 2019: This act grants authorities to counter foreign interference in US elections through measures such as targeted attacks against political infrastructure, disinformation campaigns, and espionage activities.
- Federal Trade Commission Rule Against Unfair or Deceptive Business Practices Under Section 551 of the FTC Act: This rule prohibits deceptive business practices, such as false advertising and unfair competition.
- California Consumer Rights Act (CCRA): The CCRA provides consumers with rights when it comes to products they have purchased or contracts they have entered into.