Around the country, the weather is turning wintery, but in the privacy arena, there will be a blizzard as five state comprehensive privacy laws become effective.

Here is an overview of businesses needing to prepare.

1. Delaware Personal Data Privacy Act (DPDPA)

The DPDPA takes effect on January 1, 2025. It applies to entities doing business in Delaware or targeting Delaware residents. It covers businesses that process the personal data of at least 35,000 consumers or derive significant revenue from selling personal data. Notably, nonprofits are not exempt, and the law includes stringent requirements for handling sensitive personal information.

2. Iowa Consumer Data Protection Act (ICDPA)

The ICDPA also takes effect on January 1, 2025.  It is more business-friendly, with a high threshold for applicability. It targets businesses that control or process data of at least 100,000 Iowan consumers or derive over 50% of their revenue from selling personal data. The ICDPA offers a generous 90-day cure period for violations.

3. Nebraska Data Privacy Act (NDPA)

The NDPA takes effect on January 1, 2025. The NDPA applies broadly to entities conducting business in Nebraska, with few exemptions. Small businesses are exempt from most provisions but must obtain opt-in consent before selling sensitive information. The law includes a 30-day cure period for violations.

4. New Hampshire Data Privacy Act (NHDPA)

The NHDPA takes effect on January 1, 2025. New Hampshire’s NHDPA focuses on consumer rights and data protection, requiring businesses to implement robust data security measures and provide clear privacy notices. It also grants consumers the right to access, correct, and delete their personal data.

5. New Jersey Data Privacy Act (NJDPA)

The NJDPA takes effect on January 15, 2025. The NJDPA introduces comprehensive data protection requirements, including mandatory data protection assessments and the obligation to recognize universal opt-out mechanisms. It aims to enhance transparency and consumer control over personal data.

How to Prepare for the Blizzard

With these new laws, businesses must take proactive steps to ensure compliance. Here are some key actions to consider:

  • Assess Application of the Law: Determine whether each law applies to your business.
  • Conduct Data Audits: Identify and categorize the personal data you process to understand your obligations under each law.
  • Update Privacy Policies: Ensure your privacy policies are transparent and reflect the new legal requirements.
  • Implement Data Security Measures: Strengthen your data protection practices to safeguard consumer information.
  • Service Provider Agreements: Review and update as necessary service provider agreements with those vendors that process personal information on behalf of the business.
  • Consumer Rights Readiness: Be prepared to comply with requests from consumers concerning their privacy rights, such as rights to opt-out of sale or deletion of personal information.
  • Train Employees: Educate your staff about the new laws and their roles in maintaining compliance.

If you have questions about compliance with the laws taking effect in January or related issues please reach out to a member of our Privacy, Data, and Cybersecurity practice group to discuss.

Tags: data protection, Delaware, Iowa, Nebraska, New Hampshire, New Jersey, Notice, opt-out, Privacy Policy, sensitive personal information, training
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Photo of Joseph J. Lazzarotti Joseph J. Lazzarotti

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP)…

Joseph J. Lazzarotti is a principal in the Berkeley Heights, New Jersey, office of Jackson Lewis P.C. He founded and currently co-leads the firm’s Privacy, Data and Cybersecurity practice group, edits the firm’s Privacy Blog, and is a Certified Information Privacy Professional (CIPP) with the International Association of Privacy Professionals. Trained as an employee benefits lawyer, focused on compliance, Joe also is a member of the firm’s Employee Benefits practice group.

In short, his practice focuses on the matrix of laws governing the privacy, security, and management of data, as well as the impact and regulation of social media. He also counsels companies on compliance, fiduciary, taxation, and administrative matters with respect to employee benefit plans.

Privacy and cybersecurity experience – Joe counsels multinational, national and regional companies in all industries on the broad array of laws, regulations, best practices, and preventive safeguards. The following are examples of areas of focus in his practice:

  • Advising health care providers, business associates, and group health plan sponsors concerning HIPAA/HITECH compliance, including risk assessments, policies and procedures, incident response plan development, vendor assessment and management programs, and training.
  • Coached hundreds of companies through the investigation, remediation, notification, and overall response to data breaches of all kinds – PHI, PII, payment card, etc.
  • Helping organizations address questions about the application, implementation, and overall compliance with European Union’s General Data Protection Regulation (GDPR) and, in particular, its implications in the U.S., together with preparing for the California Consumer Privacy Act.
  • Working with organizations to develop and implement video, audio, and data-driven monitoring and surveillance programs. For instance, in the transportation and related industries, Joe has worked with numerous clients on fleet management programs involving the use of telematics, dash-cams, event data recorders (EDR), and related technologies. He also has advised many clients in the use of biometrics including with regard to consent, data security, and retention issues under BIPA and other laws.
  • Assisting clients with growing state data security mandates to safeguard personal information, including steering clients through detailed risk assessments and converting those assessments into practical “best practice” risk management solutions, including written information security programs (WISPs). Related work includes compliance advice concerning FTC Act, Regulation S-P, GLBA, and New York Reg. 500.
  • Advising clients about best practices for electronic communications, including in social media, as well as when communicating under a “bring your own device” (BYOD) or “company owned personally enabled device” (COPE) environment.
  • Conducting various levels of privacy and data security training for executives and employees
  • Supports organizations through mergers, acquisitions, and reorganizations with regard to the handling of employee and customer data, and the safeguarding of that data during the transaction.
  • Representing organizations in matters involving inquiries into privacy and data security compliance before federal and state agencies including the HHS Office of Civil Rights, Federal Trade Commission, and various state Attorneys General.

Benefits counseling experience – Joe’s work in the benefits counseling area covers many areas of employee benefits law. Below are some examples of that work:

  • As part of the Firm’s Health Care Reform Team, he advises employers and plan sponsors regarding the establishment, administration and operation of fully insured and self-funded health and welfare plans to comply with ERISA, IRC, ACA/PPACA, HIPAA, COBRA, ADA, GINA, and other related laws.
  • Guiding clients through the selection of plan service providers, along with negotiating service agreements with vendors to address plan compliance and operations, while leveraging data security experience to ensure plan data is safeguarded.
  • Counsels plan sponsors on day-to-day compliance and administrative issues affecting plans.
  • Assists in the design and drafting of benefit plan documents, including severance and fringe benefit plans.
  • Advises plan sponsors concerning employee benefit plan operation, administration and correcting errors in operation.

Joe speaks and writes regularly on current employee benefits and data privacy and cybersecurity topics and his work has been published in leading business and legal journals and media outlets, such as The Washington Post, Inside Counsel, Bloomberg, The National Law Journal, Financial Times, Business Insurance, HR Magazine and NPR, as well as the ABA Journal, The American Lawyer, Law360, Bender’s Labor and Employment Bulletin, the Australian Privacy Law Bulletin and the Privacy, and Data Security Law Journal.

Joe served as a judicial law clerk for the Honorable Laura Denvir Stith on the Missouri Court of Appeals.

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