Md. Code Ann., Com. Law § 14-4809
Notice of filing action; opportunities to cure violations
Effective Oct 1, 2024Added by Acts 2024, c. 460, § 1, eff. Oct. 1, 2024; Acts 2024, c. 461, § 1, eff. Oct. 1, 2024. Amended by Acts 2024, c. 382, § 5.State of Maryland
- (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.
Added by Acts 2024, c. 460, § 1, eff. Oct. 1, 2024; Acts 2024, c. 461, § 1, eff. Oct. 1, 2024. Amended by Acts 2024, c. 382, § 5.