Data Breach Liability for Retailer? Is there a Financial Cap for a Grocer?

Retail data breaches lead to class action lawsuits. They’re new. They’re trendy.

How financial liability for a breach is assessed is a developing legal trend. Legal trends turn into legislative trends as states grapple with assigning liability.

Today the retailers & the banks are at odds over this in policy court. To add fuel to the this policy fire, a federal court sided with a retailer against financial institutions by limiting a grocer’s liability to:

  • $500,000
  • based on the agreement between the grocer & the financial institutions processing the payments

Retailers want banks to bear the brunt of costs. Banks want retailers to meet the high security standards they have to meet. 

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