What are the legal ramifications of data storage and sharing?
Data storage and sharing are critical functions of any business, but they also carry a variety of legal ramifications in South Carolina. For starters, organizations must be aware of the state’s cybersecurity laws, which hold organizations liable for data breaches and unauthorized access to data. Businesses must also consider data protection laws, which mandate that personal information—including social security number, home addresses and credit card numbers—be held securely and not shared with third parties without the customer’s consent. Businesses must also make sure that they are in compliance with the state’s Data Breach Notification Law, which requires organizations to provide notice to affected individuals and the state attorney general if a breach involving personally identifiable information is suspected or confirmed. When sharing data with third parties, businesses must also consider the various contracts they have in place to protect the data from the unauthorized use, access, storage, or disclosure. Organizations must also make sure that any technology they use to store or share data meets the state’s cybersecurity standards. Finally, organizations must understand the legal requirements associated with data retention. Businesses are required to keep records of their data processing activities, including how and where data is stored and the amount of data that is retained. Organizations must also make sure that any retained data is stored securely and not shared without consent.
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