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Pike & Lustig, LLP. We see solutions where others see problems.

Several West Palm Beach Restaurants Affected By Data Breach

WPTV.com recently reported that dozens of West Palm Beach restaurants, all owned by the Landry’s corporation, were the victims of a serious cyberattack. Sensitive personal identifying information, including customer credit card information, was compromised in the data breach. This case reiterates the importance of Florida businesses remaining vigilant when it comes to data security. A data breach can open your business up to potential liability. If your company has been the victim of a data breach, or you have any questions about Florida data breach law, please contact an experienced West Palm Beach business litigation attorney.

Florida Data Breach Law

In 2014, the Florida Information Protection Act (FIPA) was passed, and then signed into law by Governor Rick Scott. The legislation updated Florida’s data breach law. It placed several new legal obligations on Florida business owners. Many data security experts have noted that Florida now has one of the strictest data breach laws in the entire country. The requirements under the law can vary depending on the specifics of a data breach. Your business’s obligations may be different depending on how many people were affected by the breach, which type of information was accessed, and how the data breach occurred. In the event of a data breach, an experienced West Palm Beach attorney can help your business craft a response plan.

Data Breach Notifications Requirements

Notification requirements comprise one of the key aspects of FIPA. First, the Florida Office of the Attorney General must be notified in the event of any data breach that affects more than 500 people. This notification must occur within 30 days of the breach. Good cause must be shown if no notification is made within 30 days. When notifying the Attorney General, the following information will be necessary:

  • A description of the circumstances surrounding the breach;
  • The number of Florida residents involved;
  • A description of any free services offered to those affected by the breach; and
  • A copy of the notice sent to affected parties.

The last point is critical. After a data breach, you must notify all affected parties. Typically the affected parties must be notified in writing. You can do this either by letter or via e-mail. There may be exceptions in certain circumstances, specifically in the event of a very large data breach. But, the failure to comply with notice requirements can put your business at a significant risk for liability. You should contact an experienced Florida data breach attorney soon after any cybersecurity incident. Dealing with a data breach will likely feel overwhelming. But, this problem is not going to correct itself. It is imperative that you act quickly to protect your business.

Contact An Experienced West Palm Beach Business Litigation Attorney

A data breach is a major headache for any business. In Florida, a data breach can put your business at risk of litigation. The experienced West Palm Beach business litigation attorneys at Pike & Lustig, LLP can help. A proactive response is the key to mitigating the damage. Contact our office today to learn more about cyberattacks and your legal rights and obligations.

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