Duty LXD-5023
Sends commercial email, in Nevada
Security measures for a data collector accepting payment cards, encryption duty, and conditioned liability shieldsince 4 lines
NRS 603A.215 · Read the law's page
- If you accept a payment card in connection with a sale of goods or services to a Nevada resident, comply with the current version of the Payment Card Industry (PCI) Data Security Standard adopted by the PCI Security Standards Council, with respect to those transactions, by the compliance date the standard itself sets.
- If you do not accept payment cards, do not transfer a Nevada resident's personal information through an electronic, nonvoice transmission other than a facsimile outside your secure system, and do not move a data storage device containing that personal information beyond your logical or physical controls, unless the data is encrypted using an encryption technology adopted by an established standards-setting body, with appropriate management and safeguards of the cryptographic keys.
- Compliance with this section, combined with a breach not caused by your own gross negligence or intentional misconduct, is a defense to damages for a breach of the security of the system data; a telecommunication provider acting solely to convey the communications of other persons is outside this section entirely.
- Expect an elderly or disabled Nevada resident harmed by a violation of this section to have an indirect civil action for damages through NRS 603A.260's deceptive-trade-practice deeming and NRS 598.0977, even though a general Nevada resident does not.
Nevada Unsolicited Commercial Electronic Mail Liability Actin force2 lines
NRS 41.705-41.735 · Read the law's page
- Before sending, or causing to be sent, email that includes an advertisement, either have a preexisting business or personal relationship with the recipient, obtain the recipient's express consent, or make the advertisement identifiable as promotional and clearly give your legal name, complete street address and email address, a notice of how to decline further advertising mail, and ADV or advertisement as the first word of the subject line.
- Do not disguise the source of an advertisement, use false or misleading subject-line information, give a false return address or a false address for declining mail, ignore a recipient's request to stop, or obtain a recipient's address by a method they did not authorize.
Security measures for data collectors maintaining personal informationin force6 lines
NRS 603A.210 · Read the law's page
- This binds any data collector, a term defined to include a governmental agency, institution of higher education, corporation, financial institution, retail operator, or other business entity or association, that maintains records containing the personal information of a Nevada resident.
- Implement and maintain reasonable security measures to protect those records from unauthorized access, acquisition, destruction, use, modification, or disclosure.
- If you are a governmental agency, additionally comply, to the extent practicable, with the current version of the CIS Controls published by the Center for Internet Security or the corresponding National Institute of Standards and Technology standards, with respect to the collection, dissemination, and maintenance of those records.
- Require, by contract, any person to whom you disclose a Nevada resident's personal information to implement and maintain the same reasonable security measures.
- Compliance with a state or federal law that requires greater protection for the same records is deemed compliance with this section.
- Expect an elderly or disabled Nevada resident harmed by a violation of this section to have an indirect civil action for damages through NRS 603A.260's deceptive-trade-practice deeming and NRS 598.0977, even though a general Nevada resident does not.