Md. Code, Commercial Law § 14-4809
This is the official text of Md. Code, Commercial Law § 14-4809, part of Maryland’s Code, Commercial Law — governs commercial transactions - Maryland's version of the Uniform Commercial Code.
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§14–4809.
Official statutory text
(a) If a covered entity is in substantial compliance with the requirements of §§ 14–4804 through 14–4806 of this subtitle, the Division shall provide written notice to the covered entity before filing an action under § 14–4808 of this subtitle.
(b) Notice given under subsection (a) of this section shall identify the specific provisions of this subtitle that the Division alleges have been or are being violated.
(c) A covered entity may not be liable for a civil penalty for a violation for which notice is given under subsection (a) of this section if the covered entity:
(1) Has completed a data protection impact assessment under § 14–4804(a)(2) of this subtitle for existing online products that are reasonably likely to be accessed by children;
(2) Has completed a data protection impact assessment under § 14–4804(a)(3) of this subtitle prior to offering to the public a new online product that is reasonably likely to be accessed by children;
(3) Cures the violation specified in the Division’s notice within 90 days after issuance of the notice under subsection (a) of this section;
(4) Provides the Division with a written statement that the alleged violation has been cured; and
(5) Takes measures to prevent any future violation that the Division agreed to be sufficient.
(b) Notice given under subsection (a) of this section shall identify the specific provisions of this subtitle that the Division alleges have been or are being violated.
(c) A covered entity may not be liable for a civil penalty for a violation for which notice is given under subsection (a) of this section if the covered entity:
(1) Has completed a data protection impact assessment under § 14–4804(a)(2) of this subtitle for existing online products that are reasonably likely to be accessed by children;
(2) Has completed a data protection impact assessment under § 14–4804(a)(3) of this subtitle prior to offering to the public a new online product that is reasonably likely to be accessed by children;
(3) Cures the violation specified in the Division’s notice within 90 days after issuance of the notice under subsection (a) of this section;
(4) Provides the Division with a written statement that the alleged violation has been cured; and
(5) Takes measures to prevent any future violation that the Division agreed to be sufficient.
Status: in_force · Read it on the official government site
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