The Nebraska Data Privacy Act (NDPA), signed into law in April 2024 and effective January 1, 2025, brings robust data protections to Nebraska residents. This law introduces sweeping consumer rights while imposing new obligations on businesses that process personal data positioning Nebraska as a leading voice in the evolving U.S. privacy landscape.
Looking for comparative insights? Explore our deep dives on the Colorado Privacy Act and Connecticut Data Privacy Act to see how Nebraska’s updates align with national trends.
What Is the Nebraska Data Privacy Act (NDPA)?
The NDPA governs businesses that operate in Nebraska or target Nebraska residents and process personal data, defined as any information “linked or reasonably linkable “ to an individual including names, email addresses, IP addresses, and even pseudonymous data .
Inspired by privacy statutes in states like Connecticut, Nebraska’s new data privacy law requires enhanced transparency, mandates user consent for sensitive data processing, and includes provisions for risk-based Data Protection Assessments.
Who Must Follow Nebraska’s Privacy Law?
Nebraska’s law applies broadly to:
- Controllers or processors handling the personal data of 50,000 or more Nebraska residents annually, or
- Organizations processing data for 25,000+ residents while earning 25%+ of gross revenue from selling personal data .
Exemptions apply to government bodies, HIPAA- and GLBA-regulated entities, nonprofits, and publicly available or de-identified data.
Consumer Rights and Control Under Nebraska NDPA
The NDPA grants several impactful rights to Nebraska consumers:
- Access & Confirmation: Verify whether a controller is processing their data.
- Correction: Fix inaccuracies.
- Deletion: Request erasure of personal data even that collected from third parties.
- Portability: Obtain data in a usable, machine-readable format.
- Opt-Out: Decline targeted advertising, sale of data, or profiling that impacts them legally or otherwise.
Requests must be answered within 45 days (with a possible 45‑day extension), and consumers have a formal appeals process if requests are denied .
Nebraska Data Privacy Law: Key Compliance Requirements
Privacy Notices
Controllers must publish a clear and accessible privacy notice detailing:
- Categories and purposes of data processing
- Third-party data sharing and sale practices
- Instructions for exercising consumer rights and filing appeals
Consent and Sensitive Data
Explicit consent (opt-in) is required for processing sensitive data including health, biometric, racial, or children’s data. Processing data from known children must also align with COPPA requirements .
Universal Opt-Out Mechanisms
Businesses must honor signals such as Global Privacy Control (GPC) to automatically honor consumer preferences mirroring Connecticut and Colorado’s approach .
Data Protection Impact Assessments (DPIAs)
Required before engaging in targeted advertising, data sales, profiling, sensitive data use, or any processing that “presents a heightened risk of harm” (financial, physical, reputational, or privacy intrusions) .
Security Measures and Minimization
Controllers must implement reasonable administrative, technical, and physical safeguards, and should only collect data necessary for the stated purposes .
Processor Agreements
Controllers must have contracts with processors stipulating data handling expectations, support for DPIAs, and assistance in responding to consumer requests .
NDPA Enforcement: Penalties and Remedies
Enforcement is overseen by the Nebraska Attorney General; there is no private right of action .
- Controllers receive a written notice and a 30-day cure period, which never sunsets .
- Failure to cure may result in civil penalties of up to $7,500 per violation .
- The Attorney General may also seek injunctions and recovery of costs.
Comparing Nebraska CDPA to CCPA and Other State Laws
- Broader Applicability: Nebraska captured both data-volume and revenue thresholds by statute, unlike Connecticut and Colorado.
- Sensitive Data Requirements: Explicit opt-in consent aligns with Colorado, Connecticut, and California.
- Mandatory DPIAs: Similar in rigorous scope to Connecticut’s law, while CCPA currently lacks this requirement.
- Universal Opt-Out Signals: Nebraska is aligned with states requiring recognition of GPC, differentiating it from many others.
For comparison, see our feature on the Connecticut Data Privacy Law.
FAQ
Who falls under the Nebraska NDPA’s jurisdiction?
Any controller or processor targeting Nebraska residents that meets the NDPA’s thresholds, 50,000 residents or 25,000 plus 25% revenue from data sales.
What data rights do Nebraska residents have?
Access, correction, deletion, portability, opt-out of data sale, targeted advertising, profiling, and protection from discrimination.
What are the main obligations for businesses classified as “controllers”?
Publish an accessible privacy notice, honor consumer rights requests, secure opt-ins for sensitive data, comply with DPIA requirements, and implement data minimization and security measures.
What responsibilities do “processors” have?
Processors must adhere to controllers’ instructions, aid compliance (including DPIAs and request responses), protect data, and sign binding contracts based on NDPA’s standards.
How are privacy violations enforced in Nebraska?
The AG issues a written notice, offers a 30-day cure period, and may impose fines up to $7,500 per violation or seek injunctive relief for unresolved infractions.
Final Thoughts
The Nebraska Data Privacy Act is one of the most sweeping state privacy laws yet. With its January 1, 2025 effective date, businesses should:
- Audit existing data practices
- Update privacy notices
- Build opt-in workflows for sensitive data
- Integrate Universal Opt-Out Mechanisms like GPC
- Execute DPIAs for high-risk processing
For official references, see the Nebraska Legislature’s text and the Nebraska Attorney r
Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship. A qualified legal professional should be consulted for guidance specific to your organization’s situation and compliance obligations.
