Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

South Dakota Becomes 49th State to Enact A Data Breach Notification Law

March 26, 2018

On March 21st, South Dakota enacted a data breach notification law, which becomes effective on July 1, 2018. With the passage of this law, Alabama is now the only state without a data breach notification law.

Like many other recently enacted data breach notification laws, the South Dakota law provides a more expansive definition of personal information. The law requires notification to consumers within 60 days from the time a company learns of the breach. In addition, the bill allows the attorney general to recover up to $10,000 per day per violation, as well as attorney's fees and costs.

The National Conference of State Legislatures maintains a useful list (with links) of state data breach notification laws. As I draft this post, the South Dakota law has not yet been posted.

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