1380(8) *HR43/R1792PH*In ~an OFFICIALaction ~in 25/HR43/R1792PHconnection PAGEwith 4(RKM\KP)a (c)cybersecurity Theincident, sensitivityif the defendant is an entity under subsection (3) of this section, the informationdefendant has the burden of proof to beestablish protected.a prima facie case of compliance with industry-recognized cybersecurity frameworks or standards to gain the presumption against liability pursuant to this act.

(6)After Athe commercialdefendant entitymeets orits third-partyinitial agentburden, coveredthe byburden subsection (3) of thisproof sectionwill whichthen substantiallyshift compliesto withthe aplaintiff combination of industry-recognized cybersecurity frameworks or standards to gainovercome thethis presumption against liability underby subsectionproving (3)by mustclear adopt,and uponconvincing theevidence, revisionthat ofthe twodefendant (2)25/SS26/HB1380A.J or*SS26/HB1380A.J* morePAGE of5 thefailed frameworksto orsubstantially standardscomply with whichapplicable theindustry-recognized entitycybersecurity complies, the revised frameworks or standardsstandards. within one (1) year after the latest publication date or latest compliance or effective date stated in the revisions and, if applicable, comply with the Payment Card Industry Data Security Standard (PCI DSS).

(7)(9) InThis anact actiondoes innot connectionestablish with a cybersecurityprivate incident,cause ifof theaction, defendantincluding isa anclass entityaction, coveredif bya subsectioncovered (2)entity ofor thisthird-party section,agent thefails plaintiffto hascomply thewith initiala burdenprovision of demonstrating by clear and convincing evidence that the entity was not in substantial compliance with this section.act.

(8)(10) InFailure anof action in connection with a cybersecuritycounty, incident,municipality, ifcounty thehospital, defendantother ispolitical ansubdivision entity under subsection (3) of this section, the defendantstate, hasor thecovered burdenentity of proof to establishsubstantially implement a primacybersecurity facieprogram casethat ofis in compliance with industry-recognizedthis cybersecuritysection frameworksis ornot standardsevidence toof gainnegligence theand presumptiondoes againstnot liabilityconstitute creatednegligence underper thisse. section.

If(11) aA defendantchoice meetsof itslaw initialprovision burden,in an agreement that designates this state as the burdengoverning oflaw proofshall thenapply shiftsthis act, if applicable, to the plaintifffullest toextent overcomepossible thisin presumptiona civil action brought against liabilitya byperson H.regardless of whether the civil action is brought in this state or another state.

B.(12) This section shall apply to any civil action filed on or after July 1, 2025.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 5(RKM\KP) proving by clear and convincing evidence that the defendant failed to substantially comply with applicable industry-recognized cybersecurity frameworks or standards.

(9) This act does not establish a private cause of action, including a class action, if a covered entity or third-party agent fails to comply with this act.

(10) Failure of a county, municipality, county hospital, other political subdivision of the state or covered entity to substantially implement a cybersecurity program that is in compliance with this section is not evidence of negligence and does not constitute negligence per se.

(11) A choice of law provision in an agreement that designates this state as the governing law applies to this act, if applicable, to the fullest extent possible in a civil action brought against a person regardless of whether the civil action is brought in this state or another state.

(12) This section is applicable to any suit filed on or after January 1, 2026.

SectionThis 25-53-201,act Mississippishall Codetake ofeffect 1972,and isbe broughtin forwardforce asfrom follows:and after July 1, 2025.

25-53-201.Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

(1)AN ThereACT isTO herebyPROVIDE establishedTHAT theA EnterpriseCOUNTY SecurityOR ProgramMUNICIPALITY whichAND shallANY provideOTHER forPOLITICAL theSUBDIVISION coordinatedOF oversightTHE ofSTATE theSHALL cybersecurityNOT effortsBE acrossLIABLE allIN stateCONNECTION agencies,WITH includingA cybersecurityCYBERSECURITY systems,INCIDENT servicesIF andTHE theENTITY developmentADOPTS ofCERTAIN policies,CYBERSECURITY standardsSTANDARDS; and guidelines.

H.TO DEFINE CERTAIN TERMS;

B.TO REQUIRE CYBERSECURITY PROGRAMS TO ALIGN WITH NATIONALLY RECOGNIZED STANDARDS AND THE REQUIREMENTS OF SPECIFIED FEDERAL LAWS;

No.TO 25/SS26/HB1380A.J *SS26/HB1380A.J* PAGE 6 PROVIDE A REBUTTABLE PRESUMPTION AGAINST LIABILITY FOR COMMERCIAL ENTITIES THAT ARE IN SUBSTANTIAL COMPLIANCE WITH THIS ACT BY ADOPTING A CYBERSECURITY PROGRAM THAT SUBSTANTIALLY ALIGNS WITH CERTAIN SPECIFIED CYBERSECURITY STANDARDS;

1380AND *HR43/R1792PH*FOR ~RELATED OFFICIALPURPOSES. ~ 25/HR43/R1792PH PAGE 6(RKM\KP) (2) The Mississippi Department of Information Technology Services (MDITS), in conjunction with all state agencies, shall provide centralized management and coordination of state policies for the security of data and information technology resources, which such information shall be compiled by MDITS and distributed to each participating state agency.

MDITSPAGE shall:76/HB1380A.J *SS26/HB1380A.J*

(a) Serve as sole authority, within the constraints of this statute, for defining the specific enterprise cybersecurity systems and services to which this statute is applicable;

(b) Acquire and operate enterprise technology solutions to provide services to state agencies when it is determined that such operation will improve the cybersecurity posture in the function of any agency, institution or function of state government as a whole;

(c) Provide oversight of enterprise security policies for state data and information technology (IT) resources including, the following:

(i) Establishing and maintaining the security standards and policies for all state data and IT resources state agencies shall implement to the extent that they apply;

and (ii) Including the defined enterprise security requirements as minimum requirements in the specifications for solicitation of state contracts for procuring data and information technology systems and services;

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 7(RKM\KP) (d) Adhere to all policies, standards and guidelines in the management of technology infrastructure supporting the state data centers, telecommunications networks and backup facilities;

(e) Coordinate and promote efficiency and security with all applicable laws and regulations in the acquisition, operation and maintenance of state data, cybersecurity systems and services used by agencies of the state;

(f) Manage, plan and coordinate all enterprise cybersecurity systems under the jurisdiction of the state;

(g) Develop, in conjunction with agencies of the state, coordinated enterprise cybersecurity systems and services for all state agencies;

(h) Provide ongoing analysis of enterprise cybersecurity systems and services costs, facilities and systems within state government;

(i) Develop policies, procedures and long-range plans for the use of enterprise cybersecurity systems and services;

(j) Form an advisory council of information security officers from each state agency to plan, develop and implement cybersecurity initiatives;

(k) Coordinate the activities of the advisory council to provide education and awareness, identify cybersecurity-related issues, set future direction for cybersecurity plans and policy, and provide a forum for interagency communications regarding cybersecurity;

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 8(RKM\KP) (l) Charge respective user agencies on a reimbursement basis for their proportionate cost of the installation, maintenance and operation of the cybersecurity systems and services;

and (m) Require cooperative utilization of cybersecurity systems and services by aggregating users.

(3) Each state agency's executive director or agency head shall:

(a) Be solely responsible for the security of all data and IT resources under its purview, irrespective of the location of the data or resources.

Locations include data residing:

(i) At agency sites;

(ii) On agency real property and tangible and intangible assets;

(iii) On infrastructure in the State Data Centers;

(iv) At a third-party location;

(v) In transit between locations;

(b) Ensure that an agency-wide security program is in place;

(c) Designate an information security officer to administer the agency's security program;

(d) Ensure the agency adheres to the requirements established by the Enterprise Security Program, to the extent that they apply;

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 9(RKM\KP) (e) Participate in all Enterprise Security Program initiatives and services in lieu of deploying duplicate services specific to the agency;

(f) Develop, implement and maintain written agency policies and procedures to ensure the security of data and IT resources.

The agency policies and procedures are confidential information and exempt from public inspection, except that the information must be available to the Office of the State Auditor in performing auditing duties;

(g) Implement policies and standards to ensure that all of the agency's data and IT resources are maintained in compliance with state and federal laws and regulations, to the extent that they apply;

(h) Implement appropriate cost-effective safeguards to reduce, eliminate or recover from identified threats to data and IT resources;

(i) Ensure that internal assessments of the security program are conducted.

The results of the internal assessments are confidential and exempt from public inspection, except that the information must be available to the Office of the State Auditor in performing auditing duties;

(j) Include all appropriate cybersecurity requirements in the specifications for the agency's solicitation of state contracts for procuring data and information technology systems and services;

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 10(RKM\KP) (k) Include a general description of the security program and future plans for ensuring security of data in the agency long-range information technology plan;

(l) Participate in annual information security training designed specifically for the executive director or agency head to ensure that such individual has an understanding of:

(i) The information and information systems that support the operations and assets of the agency;

(ii) The potential impact of common types of cyber-attacks and data breaches on the agency's operations and assets;

(iii) How cyber-attacks and data breaches on the agency's operations and assets could impact the operations and assets of other state agencies on the Enterprise State Network;

(iv) How cyber-attacks and data breaches occur;

(v) Steps to be undertaken by the executive director or agency head and agency employees to protect their information and information systems;

and (vi) The annual reporting requirements required of the executive director or agency head.

(4) The Mississippi Department of Information Technology Services shall evaluate the Enterprise Security Program.

Such evaluation shall include the following factors:

(a) Whether the Enterprise Security Program incorporates nationwide best practices;

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 11(RKM\KP) (b) Whether opportunities exist to centralize and coordinate oversight of cybersecurity efforts across all state agencies;

(c) A review of the minimum enterprise security requirements that must be incorporated in solicitations for state contracts for procuring data and information technology systems and services;

and (d) Whether opportunities exist to expand the Enterprise Security Program, including providing oversight of cybersecurity efforts of those governing authorities as defined in Section 25-53-3(f).

In performing such evaluation, the Mississippi Department of Information Technology Services may retain experts.

This evaluation shall be completed by November 1, 2023.

All records in connection with this evaluation shall be exempt from the Mississippi Public Records Act of 1983, pursuant to Section 25-61-11.2(f) and (k).

(5) For the purpose of this subsection, the following words shall have the meanings ascribed herein, unless the context clearly indicates otherwise:

(a) "Cyberattack" shall mean any attempt to gain illegal access, including any data breach, to a computer, computer system or computer network for purposes of causing damage, disruption or harm.

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 12(RKM\KP) (b) "Ransomware" shall mean a computer contaminant or lock placed or introduced without authorization into a computer, computer system or computer network that restricts access by an authorized person to the computer, computer system, computer network or any data therein under circumstances in which the person responsible for the placement or introduction of the ransomware demands payment of money or other consideration to remove the computer contaminant, restore access to the computer, computer system, computer network or data, or otherwise remediate the impact of the computer contaminant or lock.

(c) From and after July 1, 2023, all state agencies shall notify the Mississippi Department of Information Technology Services of any cyberattack or demand for payment as a result of ransomware no later than the close of the next business day following the discovery of such cyberattack or demand.

The Mississippi Department of Information Technology Services shall develop a reporting format to be utilized by state agencies to provide such notification.

The Mississippi Department of Information Technology Services shall periodically analyze all such reports and attempt to identify any patterns or weaknesses in the state's cybersecurity efforts.

Such reports shall be exempt from the Mississippi Public Records Act of 1983, pursuant to Section 25-61-11.2(j).

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH PAGE 13(RKM\KP) SECTION 3.

This act shall take effect and be in force from and after January 1, 2026, and shall stand repealed on December 31, 2025.

H.

B.

No.

1380 *HR43/R1792PH* ~ OFFICIAL ~ 25/HR43/R1792PH ST:

Cybersecurity;

governmental and certain PAGE 14 (RKM\KP) commercial entities substantially complying with standards not liable for incidents relating to.