ILN Data Privacy Paper

USA - Ohio

USA - Ohio McDonald Hopkins’ national data privacy and cybersecurity attorneys have a wealth of experience advising clients in a myriad of industries on the rapidly changing state, federal, international, and industry privacy and breach notification laws. McDonald Hopkins provides support on a daily basis and during investigations by state and federal regulators, as well assistance with: Breach coaching and incident notification International privacy compliance Payment cards and ecommerce Privacy litigation and class action Proactive measures and breach compliance Regulatory investigation and Introduction In recent years, Ohio has made unique and nationally-mirrored efforts toward advancing a goal of protecting the personal data of its government response Vendor relationships

residents. In addition to joining other U.S. states in 2005 by requiring companies to notify consumers of breaches of their personal data,[1] Ohio was the first state in the nation in 2018 to enact legislation – the Ohio Data Protection Act (“DPA”) - providing businesses a specific legal incentive to maintain cybersecurity programs for the protection of personal data. A limited number of other jurisdictions, such as Utah, have since taken similar incentive- based approaches to rewarding businesses that take specified action toward enhancing their cybersecurity postures and the protection of personal data. Additionally, in 2021 Ohio joined the ranks of an expanding set of states across the U.S. that have introduced comprehensive consumer data privacy legislation that, if enacted, would fundamentally change the existing privacy landscape by providing Ohioans with newfound rights pertaining to their personal data. If enacted, OPPA would also impose new requirements on covered businesses to comply with specific privacy and cybersecurity- related requirements such as the posting of a privacy policy and maintenance of physical, technical, and administrative safeguards to protect the security of the personal data. [1] See Ohio Rev. Code 1349.19

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