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Bill > SB2410


MS SB2410

MS SB2410
Cybersecurity; limit liability for governmental and certain commercial entities that substantially comply with standards.


summary

Introduced
01/19/2026
In Committee
01/19/2026
Crossed Over
Passed
Dead
02/03/2026

Introduced Session

2026 Regular Session

Bill Summary

An Act To Provide That A County Or Municipality And Any Other Political Subdivision Of The State Or A Commercial Entity Shall Not Be Liable In Connection With A Cybersecurity Incident If The Entity Adopts Certain Cybersecurity Standards; To Define Certain Terms; To Require Cybersecurity Programs To Align With Nationally Recognized Standards And The Requirements Of Specified Federal Laws; To Provide A Rebuttable Presumption Against Liability For Commercial Entities That Are In Substantial Compliance With This Act By Adopting A Cybersecurity Program That Substantially Aligns With Certain Specified Cybersecurity Standards; And For Related Purposes.

AI Summary

This bill establishes protections against liability for governmental entities and certain commercial entities, referred to as "covered entities," in the event of a cybersecurity incident, provided they substantially comply with specific cybersecurity standards. For governmental entities like counties and municipalities, liability is limited if they adopt standards that safeguard data and align with generally accepted best practices, including the National Institute of Standards and Technology (NIST) Cybersecurity Framework. For commercial entities and their "third-party agents" (entities handling personal information on their behalf), there's a rebuttable presumption against liability if they implement a cybersecurity program that substantially aligns with recognized standards such as NIST frameworks, the Center for Internet Security (CIS) Critical Security Controls, or specific federal laws like HIPAA (Health Insurance Portability and Accountability Act) and the Gramm-Leach-Bliley Act. "Substantial compliance" means having implemented and being able to demonstrate adherence to the technical requirements of these standards. The bill also outlines factors to consider when determining the appropriate scale of compliance, such as the entity's size, complexity, and the sensitivity of the data it handles, and clarifies that failure to comply does not create a new private cause of action or diminish existing ones, with the provisions taking effect on July 1, 2026.

Committee Categories

Justice

Sponsors (1)

Last Action

Died In Committee (on 02/03/2026)

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