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CA AG Settles with Blackbaud for $6.75M Over Data Breach and Misleading Disclosures

BlackbaudJune 13, 2024California Attorney General

Penalty Amount

$6,750,000

Summary

California Attorney General Rob Bonta announced a $6.75 million settlement with software company Blackbaud over a 2020 data breach that exposed consumers' personal information including Social Security numbers, bank account details, and medical data. Blackbaud was found to have inadequate data security practices, failed to timely and accurately notify impacted individuals of the breach, and made misleading public disclosures about the breach and its pre-breach security measures. The settlement requires Blackbaud to pay penalties and implement enhanced data security and breach notification protocols.

Remedy

Blackbaud must pay $6.75 million in penalties. It is also subject to injunctive terms requiring it to implement enhanced data security measures, including minimizing retention of personal information in database backups and securely disposing of such backups, implementing multi-factor authentication or password rotation policies, and improving network segmentation, monitoring, and alerting for suspicious activity. Additionally, Blackbaud must strengthen its breach notification practices to ensure timely and accurate disclosures to impacted individuals.

Monetary PenaltyInjunctionCompliance Program

Contract Impact

In-house legal teams should review vendor agreements with software providers handling personal data, customer agreements with entities storing consumer information, and internal data processing agreements. Key clauses to audit include data security requirements (to mandate multi-factor authentication, network segmentation, and security monitoring), data retention and disposal clauses (to require minimization of backup data and secure deletion), breach notification clauses (to specify strict timelines for timely, accurate disclosures and prohibit misleading statements), and data security representations and warranties (to avoid deceptive pre-breach claims). Teams should also ensure all agreements comply with California’s Reasonable Data Security Law and related consumer protection statutes.

Contract Search Terms

data security safeguardsbreach notification timelinemulti-factor authenticationdata retention policybackup disposal requirementsnetwork segmentationbreach notice accuracysecurity monitoring clause

Laws Cited

Reasonable Data Security LawUnfair Competition LawFalse Advertising Law

Violation Types

Entity Details

Entity

Blackbaud

Industry

Technology

Official Sources

Source Evidence

Title
"Attorney General Bonta Secures $6.75 Million Settlement Against Blackbaud Over 2020 Data Breach"
Event Date
"California Attorney General Rob Bonta today announced a settlement with Blackbaud"
Entity Name
"Blackbaud, a South Carolina-based software company"
Fine Amount
"$6.75 million in penalties"
Laws Cited
"violated the Reasonable Data Security Law, Unfair Competition Law, and the False Advertising Law related to data security"
Violation Types
"Blackbaud’s failure to implement reasonable data security led to a data breach in 2020"

Related Enforcement Actions

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