Utah § 63D-3-105 Remedies.

Utah Statutes

§ 63D-3-105 — Remedies.

Utah·Title 63D Information Technology Act·Ch. 63D-3 Unauthorized Access to Information Technology·Part 63D-3-1 Computer Abuse and Data Recovery Act

(1)A person who brings a civil action against an individual for a violation of Section 63D-3-104 may:

(1)(a) recover actual damages, including the person's:

(1)(a)(i) lost profits;

(1)(a)(ii) economic damages; and

(1)(a)(iii) reasonable cost of remediation efforts related to the violation;

(1)(b) recover consequential damages, including for interruption of service;

(1)(c) recover, from the individual, the individual's profit obtained through trafficking in anything obtained by the individual through the violation;

(1)(d) obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104; and

(1)(e) recover anything the individual obtained through the violation, including:

(1)(e)(i) misappropriated information or code;

(1)(e)(ii) a misappropriated program; and

Free access — add to your briefcase to read the full text and ask questions with AI

(1) A person who brings a civil action against an individual for a violation of Section 63D-3-104 may:

(1)(a) recover actual damages, including the person's:
(1)(a)(i) lost profits;
(1)(a)(ii) economic damages; and
(1)(a)(iii) reasonable cost of remediation efforts related to the violation;
(1)(b) recover consequential damages, including for interruption of service;
(1)(c) recover, from the individual, the individual's profit obtained through trafficking in anything obtained by the individual through the violation;
(1)(d) obtain injunctive or other equitable relief to prevent a future violation of Section 63D-3-104; and
(1)(e) recover anything the individual obtained through the violation, including:
(1)(e)(i) misappropriated information or code;
(1)(e)(ii) a misappropriated program; and
(1)(e)(iii) any copies of the information, code, or program described in Subsections (1)(e)(i) and (1)(e)(ii).
(2) A court shall award reasonable attorney fees to the prevailing party in any action arising under this part.
(3) The remedies available for a violation of Section 63D-3-104 are in addition to remedies otherwise available for the same conduct under federal or state law.
(4) A person may not file a civil action under Section 63D-3-104 later than three years after the day on which:

(4)(a) the violation occurred; or
(4)(b) (4)(b)(i) the person discovers the violation; or
(4)(b)(ii) the person should have discovered the violation if the person acted with reasonable diligence to discover the violation.

Utah § 63D-3-105 (Remedies.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.