Cyber Liability by state
West Virginia data breach notification law and cyber insurance
Direct answer
What is West Virginia's data breach notification law?
West Virginia's breach notification law (W. Va. Code sect. 46A-2A-101 et seq.) requires businesses to notify affected residents without unreasonable delay after a breach of personal information. West Virginia requires businesses to notify affected residents of breaches of unencrypted personal information without unreasonable delay, once harm becomes reasonably likely.
What the statute requires
West Virginia requires businesses to notify affected residents of breaches of unencrypted personal information without unreasonable delay, once harm becomes reasonably likely. Cyber liability insurance generally funds the forensics, notification, and legal review behind that determination.
- Consumer notification deadline
- Without unreasonable delay
- Credit bureau notice
- Notify consumer reporting agencies when a breach requires notice to more than 1,000 residents.
- Safe harbor
- Notification is not required if the compromised data was encrypted or redacted, or where an investigation finds no reasonable likelihood of harm.
- Enforcement
- Failure to comply is an unfair or deceptive act enforceable by the Attorney General under the state's consumer protection law.
Statutes and sources
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West Virginia Breach of Security of Consumer Information Law
W. Va. Code sect. 46A-2A-101 et seq.
Regulator: West Virginia Attorney General . Last verified 2026-07-29 from the official source .
Related West Virginia compliance pages
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