Kentucky Cybersecurity Laws You Should Know (2025)
In today’s increasingly digital world, Kentucky businesses must stay aware of evolving cybersecurity regulations to protect their operations and customers. Understanding Kentucky cybersecurity laws is essential for safeguarding sensitive data, maintaining compliance, and avoiding costly penalties. Below, we’ll cover the key cybersecurity and data protection laws that apply to Kentucky businesses, along with federal regulations that have statewide implications.
Kentucky Cybersecurity Laws
Kentucky Consumer Data Breach Notification Law (KRS § 365.732)
This law requires any business that owns or licenses personal information of Kentucky residents to notify affected individuals “in the most expedient time possible and without unreasonable delay” after a data breach. The notice must include details about the nature of the breach, the data involved, and steps the company is taking to reduce harm.
Kentucky Consumer Protection Act (KRS § 367.110 et seq.)
Under this law, unfair or deceptive business practices are prohibited, including misleading consumers about how personal data is stored, secured, or shared. Violations can result in significant fines and legal action by the Attorney General.
Kentucky Computer Crimes Act (KRS § 434.840 et seq.)
This act makes unauthorized access, modification, or destruction of computer data a criminal offense. It applies to hacking, malware use, and other forms of digital intrusion, underscoring the importance of network security and access controls.
Kentucky Uniform Electronic Transactions Act (KRS § 369.101 et seq.)
The Kentucky Uniform Electronic Transactions Act gives legal recognition to electronic records and signatures. Businesses must follow appropriate authentication and security procedures when conducting digital transactions or storing electronic records.
Federal and Industry-Specific Cybersecurity Regulations That Affect Kentucky Businesses
Payment Card Industry Data Security Standard (PCI DSS)
PCI DSS applies to all Kentucky businesses that process or store credit card data. Compliance helps protect customer payment information through encryption, access control, and regular security assessments.
Health Insurance Portability and Accountability Act (HIPAA)
HIPAA applies to healthcare providers and organizations in Kentucky that manage personal health information (PHI). It requires administrative, technical, and physical safeguards to prevent unauthorized access.
Gramm-Leach-Bliley Act (GLBA)
Kentucky financial institutions must comply with GLBA, which requires secure handling of customer financial information and mandates privacy disclosures to consumers.
General Data Protection Regulation (GDPR)
Though a European Union regulation, GDPR applies to Kentucky businesses that collect or process data from EU citizens. It emphasizes user consent, transparency, and the right to data deletion.
Cybersecurity Requirements for Financial Services Companies (NYDFS 23 NYCRR 500)
Kentucky-based financial organizations with operations in New York must follow NYDFS cybersecurity standards, which include multi-factor authentication, encryption, and periodic testing.
NIST Cybersecurity Framework
The NIST Cybersecurity Framework offers voluntary guidelines that are widely adopted across Kentucky’s energy, manufacturing, and service industries. It focuses on five key functions: Identify, Protect, Detect, Respond, and Recover.
Federal Trade Commission (FTC) Act
The FTC Act prohibits unfair or deceptive business practices, including failing to secure customer data. Kentucky companies that experience breaches due to weak controls may face FTC enforcement.
Children’s Online Privacy Protection Act (COPPA)
If your Kentucky business collects information from children under 13, COPPA applies. It requires verified parental consent and limits how children’s data can be collected or shared.
Sarbanes-Oxley Act (SOX)
Publicly traded companies in Kentucky must comply with SOX to protect the integrity and accuracy of financial records. This includes implementing access controls and audit trails.
Family Educational Rights and Privacy Act (FERPA)
FERPA governs the handling of student educational records in Kentucky. Schools and related organizations must obtain parental consent before sharing personally identifiable information.
Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA)
CAN-SPAM Act
The CAN-SPAM Act regulates commercial email communication nationwide, requiring businesses to include opt-out options and accurate sender information in all messages.
Defense Federal Acquisition Regulation Supplement (DFARS)
Kentucky defense contractors must comply with DFARS, which includes cybersecurity requirements based on NIST standards to protect sensitive government data.
Section 5 of the FTC Act (Unfair or Deceptive Practices)
Section 5 holds businesses accountable for deceptive or negligent cybersecurity practices. Kentucky companies must protect customer data and represent their data security measures truthfully.
More Kentucky Cybersecurity Laws to Be Aware Of
While the laws listed above are among the most impactful, additional regulations may apply depending on your industry or the type of data you handle. Businesses in defense, healthcare, energy, and education have unique compliance obligations under agencies like the Department of Energy (DOE), Department of Defense (DoD), and the Federal Energy Regulatory Commission (FERC).
To maintain compliance, Kentucky businesses should perform regular security audits, stay informed on regulatory changes, and seek guidance from cybersecurity and legal professionals.
Conclusion
Complying with Kentucky cybersecurity laws is crucial for maintaining trust and protecting your business against growing cyber threats. By understanding these laws and adopting recognized frameworks like NIST or ISO 27001, organizations can strengthen their defenses, protect customers, and avoid costly penalties.
If you need help aligning your business with cybersecurity regulations, we offer compliance-driven solutions to keep your systems secure, and your operations protected.
Frequently Asked Questions About Kentucky Cybersecurity Laws
- Who enforces cybersecurity laws in Kentucky?
The Kentucky Attorney General’s Office oversees enforcement of consumer protection and data breach notification laws. Federal agencies like the FTC, CISA, and Department of Health and Human Services also regulate specific sectors. - How quickly must businesses report a data breach in Kentucky?
Under KRS § 365.732, businesses must notify affected individuals “without unreasonable delay.” While no specific timeframe is defined, prompt notification is expected once the scope of the breach is known. - Does Kentucky require specific cybersecurity standards for businesses?
Kentucky does not mandate a single cybersecurity framework but encourages reasonable measures aligned with NIST or ISO standards. Industries such as healthcare and finance must follow federal frameworks like HIPAA or GLBA. - Are small businesses required to comply with Kentucky’s data breach laws?
Yes. Any entity, regardless of size, that collects or stores personal information about Kentucky residents is subject to data breach notification requirements. - What types of information are protected under Kentucky cybersecurity laws?
Protected data includes personal identifiers such as Social Security numbers, driver’s license numbers, financial account data, medical information, and any combination of data that could identify an individual.
Read More:
Florida Cybersecurity Laws You Should Know (2025)
Ohio Cybersecurity Laws You Should Know (2025)
Virginia Cybersecurity Laws You Should Know (2025)
North Carolina Cybersecurity Laws You Should Know (2025)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Readers should consult qualified legal counsel for advice specific to their organization or situation.
