US Appeals Court lowers burden of proof for data breach lawsuits

US Appeals Court Ruling on Data Breach Lawsuits

The 4th Circuit Court has lowered the burden of proof for data breach lawsuits, ruling that publication of data on the dark web can be considered damaging.

This decision may increase the stakes for companies that have experienced data breaches, making them more vulnerable to lawsuits.

Publication of data on the dark web alone may be sufficient to prove damages.

This ruling could rewrite the risk calculus for Chief Information Security Officers (CISOs) and increase the exposure of breached companies to lawsuits.

Author's summary: Court ruling eases data breach lawsuit requirements.

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CSO Online CSO Online — 2025-11-03

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