New York. Cybersecurity. Act

NY SHIELD ActStop Hacks and Improve Electronic Data Security Act (SHIELD Act; N.Y. Gen. Bus. Law §§ 899-aa, 899-bb)

In force
Partly verifiedMedium confidence. dpo_required Conditional: designate employees to coordinate security programme. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.

§1Summary

Synopsis

Requires any person owning or licensing computerised private information of New York residents to maintain reasonable administrative, technical and physical safeguards, and expanded the state's breach notification law.

Key themes
  • reasonable security
  • private information
  • breach notification
  • small business proportionality
Unique features

Security duty applies regardless of whether the business operates in New York; compliant regulated entities (HIPAA, GLBA, DFS) are deemed compliant.

SaaS relevance

Any SaaS holding New York residents' private information must maintain a reasonable security programme.

§2Obligations

Extraterritorial
Yes
Breach notification
Individuals within 30 days of discovery; AG, Department of State and State Police (and DFS for regulated entities)
DPO
Conditional
Cross-border transfers
None
Maximum penalty
Up to $5,000 per security violation; breach notice failures $20 per failed notice up to $250,000

§3Dates

Key dates
  • Adopted
  • In force
  • Breach provisions effective 2019-10-23; security requirements 2020-03-21; December 2024 amendment set 30-day individual notice deadline.

§4Text and authority

Text
Authority
New York Attorney General

§5Where it applies

Domestic law of
New York

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. dpo_required Conditional: designate employees to coordinate security programme. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.