West Virginia Cybersecurity Laws You Should Know (2025)
In today’s digital-first world, West Virginia businesses face increasing pressure to comply with cybersecurity regulations. Understanding West Virginia cybersecurity laws is essential for protecting your data, your customers, and your reputation. Below, we’ll outline the key IT and cybersecurity laws that apply to West Virginia businesses and provide resources to help you stay compliant.
West Virginia Cybersecurity Laws
West Virginia Consumer Credit and Protection Act – Data Protection (W. Va. Code § 46A-2A-101 et seq.)
This law requires businesses that collect or store personal information on West Virginia residents to take reasonable steps to protect that data from unauthorized access or disclosure. It also establishes requirements for notifying individuals in the event of a breach.
West Virginia Breach Notification Law (W. Va. Code § 46A-2A-101 to 104)
Businesses operating in West Virginia must notify affected individuals “without unreasonable delay” if a data breach occurs that compromises personal information. If more than 1,000 residents are impacted, the business must also inform consumer reporting agencies.
West Virginia Computer Crime and Abuse Act (W. Va. Code § 61-3C-1 et seq.)
This law makes it illegal to access computer systems or data without authorization and criminalizes activities such as hacking, phishing, and malware distribution. It emphasizes the importance of maintaining secure digital environments.
West Virginia Uniform Electronic Transactions Act (W. Va. Code § 39A-1-1 et seq.)
The West Virginia Uniform Electronic Transactions Act gives electronic signatures and records the same legal status as paper documents. Businesses must implement security controls to authenticate and protect electronic records.
Federal and Industry-Specific Cybersecurity Regulations That Affect West Virginia Businesses
Payment Card Industry Data Security Standard (PCI DSS)
PCI DSS applies to all businesses in West Virginia that handle credit card transactions. It helps prevent data breaches by requiring secure encryption, access control, and regular vulnerability testing.
Health Insurance Portability and Accountability Act (HIPAA)
HIPAA applies to West Virginia healthcare providers and any business that handles personal health information (PHI). Compliance includes implementing administrative, technical, and physical safeguards to protect patient data.
Gramm-Leach-Bliley Act (GLBA)
Financial institutions in West Virginia must comply with the GLBA, which requires the protection of consumer financial data and mandates transparent privacy practices.
General Data Protection Regulation (GDPR)
Though it’s a European Union regulation, GDPR applies to West Virginia businesses that collect or process data from EU citizens. Compliance involves gaining explicit consent and offering individuals control over their data.
Cybersecurity Requirements for Financial Services Companies (NYDFS 23 NYCRR 500)
West Virginia financial institutions with operations in New York must comply with NYDFS cybersecurity regulations, including requirements for encryption, penetration testing, and incident response plans.
NIST Cybersecurity Framework
The NIST Cybersecurity Framework provides voluntary but widely adopted standards that help West Virginia businesses identify, protect, detect, respond to, and recover from cybersecurity incidents.
Federal Trade Commission (FTC) Act
Under the FTC Act, West Virginia businesses must maintain reasonable data security practices. The FTC can take enforcement action against companies that fail to protect consumer data or mislead customers about their cybersecurity measures.
Children’s Online Privacy Protection Act (COPPA)
If your West Virginia business collects personal data from children under 13, COPPA requires verified parental consent and sets limits on how that data can be used or shared.
Sarbanes-Oxley Act (SOX)
Publicly traded companies in West Virginia must comply with SOX, which enforces accountability and data integrity in financial reporting.
Family Educational Rights and Privacy Act (FERPA)
FERPA protects the privacy of student records in West Virginia schools and educational organizations. Written consent is required before sharing personally identifiable student information.
Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA)
Critical infrastructure entities in West Virginia must report significant cyber incidents to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours of detection.
CAN-SPAM Act
The CAN-SPAM Act regulates email marketing across the U.S., including West Virginia. Businesses must provide clear sender information, truthful subject lines, and a visible opt-out mechanism.
Defense Federal Acquisition Regulation Supplement (DFARS)
West Virginia companies contracting with the Department of Defense must meet DFARS cybersecurity standards, which are aligned with NIST SP 800-171 requirements.
Section 5 of the FTC Act (Unfair or Deceptive Practices)
This provision prohibits deceptive or negligent cybersecurity practices. West Virginia businesses must safeguard personal data and provide truthful representations of their data protection policies.
More West Virginia Cybersecurity Laws to Be Aware Of
While the laws above are among the most significant, additional cybersecurity regulations may apply depending on your industry and data type. Sectors like defense, energy, healthcare, and education have unique compliance obligations under agencies such as FERC, DFARS, and HIPAA.
To maintain compliance, West Virginia businesses should routinely assess their cybersecurity posture, consult with legal or cybersecurity experts, and stay updated on evolving regulations. Failing to comply can result in financial penalties, reputational harm, and legal consequences.
Conclusion
Staying compliant with West Virginia cybersecurity laws is vital for every organization, from small businesses to large enterprises. Understanding these laws helps protect customer data, prevent cyberattacks, and maintain trust in your business. Regularly reviewing regulations and implementing best practices will keep you ahead of emerging cyber threats.
If you need help aligning your business with cybersecurity compliance standards, we offer solutions designed to safeguard your data and maintain regulatory compliance.
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.
