Court Rules
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SettlementCritical RiskMultistate

State AGs Reach $49.5M Settlement with Blackbaud Over Data Breach

BlackbaudOctober 5, 2023New Jersey Attorney General

Penalty Amount

$49,500,000

Summary

Blackbaud, a software company, experienced a ransomware attack in 2020 that exposed sensitive personal information, including protected health data, due to inadequate security practices and delayed breach notification. A multistate investigation resulted in a $49.5 million settlement, requiring Blackbaud to enhance data security, implement breach response plans, and undergo third-party assessments.

Remedy

Blackbaud must pay $49.5 million to the states, implement and maintain incident response plans, provide assistance to customers for breach notifications, enhance cybersecurity training and resources, implement total database encryption and dark web monitoring, meet specific security requirements, and undergo third-party assessments for seven years.

Monetary PenaltyConsent DecreeAudit RequirementCompliance ProgramReporting Requirements

Contract Impact

In-house legal teams should review all vendor and customer agreements where Blackbaud acts as a data processor or service provider, particularly those involving protected health information (PHI) or other sensitive personal data. Key clauses to scrutinize include data security obligations (e.g., encryption, access controls), breach notification timelines and procedures, HIPAA compliance terms (including Business Associate Agreement requirements), audit and assessment rights, indemnification provisions, and data retention/deletion schedules. Given the settlement's focus on inadequate security and delayed notification, contracts may need amendments to mandate specific security controls (like multi-factor authentication), shorten notification windows (e.g., 72 hours), require regular third-party security audits, and impose clearer PHI handling and subprocessor management requirements to ensure compliance with state consumer protection and breach notification laws.

Contract Search Terms

HIPAA Business Associate Agreementdata encryption standardsincident response planbreach notification timelinesecurity audit requirementsprotected health information (PHI) handlingthird-party security assessmentsdata retention policysubprocessor managementsecurity incident reporting

Laws Cited

state consumer protection lawsstate breach notification lawsHIPAA

Violation Types

Entity Details

Entity

Blackbaud

Industry

Technology

Multistate Coalition

Official Sources

Source Evidence

Entity Name
"Blackbaud"
Fine Amount
"$49.5 million"
Laws Cited
"state consumer protection laws, breach notification laws, and the federal Health Insurance Portability and Accountability Act (“HIPAA”)"
Violation Types
"by failing to implement reasonable data security and remediate known security gaps, which allowed unauthorized persons to gain access to Blackbaud’s network, and then failing to provide its customers with timely, complete, or accurate information regarding the breach"

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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.

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