Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: August 21, 2019
The Firm
201-896-4100 info@sh-law.comIn late July, New York Governor Andrew Cuomo signed two bills into law that will impose new privacy requirements on New York businesses. The “Stop Hacks and Improve Electronic Data Security” (SHIELD) Act imposes new obligations regarding how businesses handle private customer data and provide data breach notifications. The second bill (A.2374/S.3582) requires consumer credit reporting agencies to offer identity theft prevention and mitigation services in the case of a breach.

Key points of the SHIELD Act include: (a) broadening the scope of information covered under breach notification law, (b) broadening the definition of a data breach to include unauthorized access to information (not just the unauthorized acquisition of information), and (c) requiring businesses to provide reasonable data security.
The SHIELD requirements apply to “any person or business that owns or licenses computerized data which includes private information of a resident of New York.” Such people/businesses are required to “develop, implement and maintain reasonable safeguards to protect the security, confidentiality and integrity of the private information including, but not limited to, disposal of data.” SHIELD will take effect in March 2020.
Two carve-outs for certain businesses:
SHIELD broadens the scope of information covered under New York’s existing data breach notification law, and updates notification requirements when there has been a breach of data. Three key changes include:
Failure to provide required reasonable data security would be a violation of section 349 of the General Business Law, and the attorney general could bring suit for noncompliance. Businesses could be fined $5,000 for each violation or up to $20 per instance of failed notification, with an aggregate maximum of $250,000. However, the SHIELD Act does not create a private right of action.
The second bill impacts credit reporting agencies and establishes the minimal amount of long-term protections that must be given to affected consumers. For any credit reporting agency that suffers a breach of information containing consumer Social Security numbers, that agency must then provide to affected consumers five years of identity theft prevention services and, if applicable, identity theft mitigation services. Credit reporting agencies must also inform consumers on credit freezes of a breach of data involving a Social Security number, and provide consumers with the right to freeze their credit at no cost. This law will take effect in September 2019 and applies to any breach of the security of a consumer credit reporting agency that occurred in the prior three years.
If you have any questions or if you would like to discuss the matter further, please contact me, Kristin Garris, or the Scarinci Hollenbeck attorney with whom you work, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher

High-profile founder litigation is more than just a media spectacle. For startup founders, these cases underscore the legal and structural risks that can arise when rapid growth outpaces formal oversight. While launching a new company can be both an exciting and deeply rewarding endeavor, founders must be mindful that it also comes with significant risks. […]
Author: Dan Brecher

Every New Jersey company should periodically evaluate its governance framework. Strong corporate governance protects directors and officers, builds investor confidence, reduces litigation exposure, and positions a company for sustainable growth. The first quarter of the year is a great time to evaluate your corporate governance practices and perform any routine maintenance needed to keep that […]
Author: Ken Hollenbeck

Being served with a lawsuit is one of the most stressful legal events a business or individual can face. Whether the claim involves a contract dispute, an employment matter, an intellectual property issue, or another legal challenge, the actions you take in the first few days can significantly shape the outcome of your case. Acting […]
Author: Robert E. Levy

Special Purpose Acquisition Companies (SPACs) continue to gain momentum as we move through 2026. After enduring a significant contraction following the 2021 boom and the regulatory scrutiny that followed, SPAC activity rebounded sharply in 2025 and now carries forward into 2026 with real momentum. The SPAC resurgence reflects broader improvements in both market conditions and the […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!