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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.

Reviewed by Cornerstone Staff28 years of financial services state licensing experienceLast verified July 29, 2026

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

  • 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 .

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