Distributes a software product, in Maryland

Md. Code Ann., Com. Law sections 14-3502, 14-3503 (Maryland Personal Information Protection Act, Title 14, Subtitle 35, added by 2007 Md. Laws ch. 531 (S.B. 194)) · Read the law's page

• This binds any business that owns, maintains, or licenses the personal information of a Maryland resident; a business already complying with the security, notification, or destruction rules set by its own primary or functional federal or State regulator, or already subject to and in compliance with all four of section 501(b) of the Gramm-Leach-Bliley Act, section 216 of the Fair and Accurate Credit Transactions Act, the federal Interagency Guidelines Establishing Information Security Standards, and the federal Interagency Guidance on Response Programs, or with HIPAA, is deemed to comply with this duty.
• Absent that safe harbor, implement and maintain reasonable security procedures and practices, appropriate to the nature of the personal information held and the size of the business, to protect it from unauthorized access, use, modification, or disclosure.
• When destroying a customer's, an employee's, or a former employee's records containing personal information, take reasonable steps to protect against unauthorized access to or use of that information, weighing the sensitivity of the records, the size of the business, the cost of different destruction methods, and available technology.
• Where a nonaffiliated third-party service provider will receive personal information under a written contract entered into on or after January 1, 2009, require by that contract that the provider also implement and maintain reasonable security procedures and practices appropriate to the information disclosed.
• A violation is an unfair or deceptive trade practice enforced by the Office of the Attorney General's Consumer Protection Division, for injunctive relief and a civil penalty of up to $10,000 per violation ($25,000 for a repeat violation); any person harmed may also bring a private action for injury or loss, and Title 13's own misdemeanor provision may extend to a violation of this duty.

Md. Code Ann., State Fin. and Proc. § 3.5-311 · Read the law's page

• If you sell new or upgraded information technology or information technology services to a unit of the Maryland Executive Branch, accept the nonvisual access clause in the solicitation and contract, and warrant in it that the technology provides equivalent access for effective use by both visual and nonvisual means consistent with the standards of section 508 of the federal Rehabilitation Act of 1973 and COMAR 14.33.02 (State Fin. and Proc. 3.5-311(a)(1) and (b)(1); COMAR 21.05.08.05A).
• Warrant in that clause that the cost, if any, of modifying the technology for compatibility with software and hardware used for nonvisual access will not increase its cost by more than 15 percent (COMAR 21.05.08.05A).
• If the State notifies you in writing, after its determination within 18 months of the award, that the technology does not meet the nonvisual access standards, modify it at your own expense within 12 months after the notice so that it meets them (State Fin. and Proc. 3.5-311(a)(2)(i)-(ii); COMAR 21.05.08.05A).
• Indemnify the State for liability resulting from the use of technology that does not meet the nonvisual access standards, and defend and hold the State harmless from claims, costs, losses, damages, liability, judgments and expenses arising from that use (State Fin. and Proc. 3.5-311(a)(2)(iii)2.; COMAR 21.05.08.05A).