Effective 5/5/2021 78B-4-702. Affirmative defense for a breach of system security. (1) A person that creates, maintains, and reasonably complies with a written cybersecurity program that meets the requirements of Subsection (4), and is in place at the time of a breach of system security of the person, has an affirmative defense to a claim […]
Effective 5/5/2021 78B-4-703. Components of a cybersecurity program eligible for an affirmative defense. (1) Subject to Subsection (3), a person’s written cybersecurity program reasonably conforms to a recognized cybersecurity framework if the written cybersecurity program: (a) is designed to protect the type of personal information obtained in the breach of system security; and (b) (i) […]
Effective 5/5/2021 78B-4-704. No cause of action. This part may not be construed to create a private cause of action, including a class action, if a person fails to comply with a provision of this part. Enacted by Chapter 40, 2021 General Session
Effective 5/5/2021 78B-4-705. Choice of law. A choice of law provision in an agreement that designates this state as the governing law shall apply this part, if applicable, to the fullest extent possible in a civil action brought against a person regardless of whether the civil action is brought in this state or another state. […]
Effective 5/5/2021 78B-4-706. Severability clause. If any provision of this part, or the application of any provision of this part to any person or circumstance, is held invalid, the remainder of this part shall be given effect without the invalid provision or application. Enacted by Chapter 40, 2021 General Session
