5 Key Differences In EU And US Breach Notification Regimes

Law360 (December 18, 2020, 4:05 PM EST) — The state of California passed one of the first breach notification laws in the early 2000s, and since that time every U.S. state has passed some form of breach notification law.

These laws generally require notification to the individuals affected by a data breach as well as potentially a state regulator.

While there are some nuances and key differences, the timing and content of notifications, triggers for reporting, threshold for regulatory reporting and information covered are generally consistent.

On the other hand, the European Union’s General Data Protection Regulation became effective in 2018, introducing the EU’s first unitary standard for breach…

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