205 CMR 238.44
Data and Network Security Requirements
205 CMR 238.02 shall ensure compliance with all applicable state and federal requirements for
data and network security including 205 CMR, M.G.L. c. 93H, M.G.L. c. 93I, 201 CMR 17.00:
Standards for the Protection of Personal Information of Residents of the Commonwealth, and
any other applicable law, regulation or order of a governmental body.
Pursuant to M.G.L. c. 23N, ยง 11(a)(v), a Sports Wagering Operator shall employ
commercially reasonable methods to maintain the security of Wagering data, Confidential
Information and other Personally Identifiable Information from unauthorized access and
dissemination; provided, however, that nothing in M.G.L. c. 23N or 205 CMR shall preclude the
use of internet or cloud-based hosting of such data and information or disclosure as required by
court order, other law or M.G.L. c. 23N; and provided further, that such data and information
shall be hosted in the United States.
(3) Internal and external network vulnerability scans shall be run at least quarterly and after any
significant change to the Sports Wagering Platform or network infrastructure. Testing
procedures must verifythat four quarterlyinternal and scans took place in the past 12 months and
that re-scans occurred until all "Medium Risk" (CVSS 4.0 or Higher) vulnerabilities were
resolved or accepted via a formal risk acceptance program. Internal scans should be performed
from an authenticated scan perspective. External scans can be performed from an uncredentialed
perspective.
(a) The quarterly scans may be performed by either a qualified employee of the Sports
Wagering Operator or a qualified independent technical expert selected by the Sports
Wagering Operator and subject to approval of the Commission in accordance with 205 CMR
243.01: Standards for Sports Wagering Equipment.
(b) Verification of scans must be submitted to the Commission on a quarterly basis and
must include a remediation plan and any risk mitigation plans for those vulnerabilities not
able to be resolved.