Ohio's Data Protection Act (ORC §1354) gives businesses that implement a qualifying cybersecurity program an affirmative defense against data breach lawsuits. It's one of the most business-friendly data security laws in the country — and most Ohio businesses aren't using it. Securafy builds the program that qualifies you.
Ohio Revised Code Chapter 1354, the Ohio Data Protection Act, became effective November 2, 2018. It was the first law in the United States to provide businesses an affirmative defense against tort claims arising from a data breach — if the business had implemented and maintained a qualifying cybersecurity program at the time of the breach.
The protection is significant: in Ohio data breach litigation, a plaintiff cannot recover tort damages against a business that can demonstrate it had a reasonably appropriate cybersecurity program in place. This doesn't prevent all liability — but it provides a powerful defense that can defeat or dramatically reduce claims.
To qualify, your cybersecurity program must reasonably conform to an industry-recognized cybersecurity framework, must be appropriately scaled to your business size and complexity, and must be designed to protect the types of personal information and restricted information your business holds.
"Ohio's Safe Harbor is the only state law in the country that rewards businesses for doing cybersecurity right — with a legal shield when breaches occur."
Ohio ORC §1354.03 specifies which cybersecurity frameworks qualify for safe harbor protection. Your program must reasonably conform to one of these:
The most commonly implemented qualifying framework. NIST CSF 1.1 or 2.0 both qualify. Alignment requires implementing controls across the five (or six in v2.0) functions based on your risk profile.
The 110-practice framework governing protection of Controlled Unclassified Information (CUI), primarily used by government contractors. Also qualifies for Ohio Safe Harbor protection.
The international family of information security management standards. ISO 27001 certification is accepted as qualifying for Safe Harbor purposes — though formal certification is not required.
Organizations that process payment card data and maintain PCI DSS compliance also qualify for Safe Harbor protection under Ohio's law for breaches involving cardholder data.
Healthcare organizations and business associates that maintain HIPAA Security Rule compliance qualify for Safe Harbor protection under Ohio law for breaches involving protected health information.
Financial institutions subject to the FTC Safeguards Rule that maintain a compliant information security program qualify for Safe Harbor protection for breaches involving customer financial information.
The Center for Internet Security Critical Security Controls (CIS Controls) v7.1 or later are also recognized qualifying frameworks under the Ohio Data Protection Act.
Organizations with a SOC 2 program designed and implemented in accordance with AICPA Trust Service Criteria also qualify — particularly relevant for technology companies and service providers.
ORC §1354.03 requires that qualifying programs be reasonably designed for your business. The statute specifies several requirements for what an appropriate program must address:
Your cybersecurity program must be documented in writing. Verbal security practices don't count — you need written policies, procedures, and evidence that they're followed. This documentation is what you present in litigation.
The program must be reasonably designed based on your business size, complexity, and sensitivity of the personal information you maintain. A 5-person firm doesn't need a Fortune 500 security program — but they need a documented, reasonable one.
The program must be designed to protect both "personal information" (name + identifier combinations) and "restricted information" (Social Security numbers, financial account data, medical records, etc.) that your business holds.
The program must include all three categories of safeguards. Technical controls alone aren't sufficient — you need training programs, policies, and physical security measures as well.
The program must be reviewed and updated as necessary in light of changes to your business operations, technology, and the threat landscape. An outdated program weakens your Safe Harbor defense.
You must contractually require third-party vendors who handle personal information on your behalf to maintain reasonable security practices. Unmanaged vendor access undermines your Safe Harbor status.
We help you select the right qualifying framework for your industry and business type, then align your existing controls and fill gaps to achieve the "reasonable conformance" standard required by Ohio law.
We produce all written documentation required to invoke Safe Harbor protection — information security policy, risk assessment, incident response plan, vendor management policy, and evidence of implementation.
We inventory all personal and restricted information your business holds, map data flows, and document where information resides — a critical foundation for demonstrating your program was designed to protect specific data types.
We conduct annual reviews of your Safe Harbor program, update documentation to reflect changes in your business and threat landscape, and produce evidence of ongoing program maintenance — strengthening your litigation defense over time.
We audit your vendor relationships, ensure appropriate data processing agreements are in place, and help you build vendor security requirements into your contract process — addressing one of the most common Safe Harbor program gaps.
When a breach occurs, the strength of your Safe Harbor defense depends on your ability to demonstrate program implementation. We maintain your evidence package continuously — so it's ready when you need it.
Securafy builds and maintains compliance programs for Columbus and Cleveland, Ohio businesses. Prevention-First. Compliance-Ready. Award-Winning.
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