INCDPA

Indiana Consumer Data Protection Act

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Indiana, United StatesOpt-outState
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Key Facts

Effective Date
January 1, 2026
Enacted
May 1, 2023
Enforcing Authority
Indiana Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
For-profit entities in Indiana or targeting Indiana residents: 100,000+ consumers OR 25,000+ consumers and 50%+ revenue from selling PI

Overview

Indiana's INCDPA closely follows the Virginia VCDPA template, with a permanent 30-day cure period and GDPR-style data protection assessments. It takes effect January 1, 2026, and features a narrower health data definition than some other states.

What This Means for Your Website

  • Opt-in consent is required for sensitive data processing of Indiana visitors
  • Data protection assessments are needed for targeted advertising, profiling, and data sales
  • Consumer requests must be fulfilled within 45 days (extendable by 45)
  • A permanent 30-day cure period applies before enforcement action

Key Requirements

The Indiana AG enforces the INCDPA with penalties up to $7,500 per violation. The law follows the VCDPA template with data minimization requirements and consumer rights including access, correction, deletion, portability, and opt-out. Data protection impact assessments apply to processing created from June 2026 onward.

How ConsentStack Handles This

ConsentStack detects Indiana visitors and applies the INCDPA opt-out model with opt-in for sensitive data when the law takes effect in January 2026.

Penalties

Up to $7,500 per violation.

Maximum Fine
$7,500 per violation

Key Requirements

  • Opt-in consent for sensitive data processing
  • Data minimization — adequate, relevant, reasonably necessary
  • Data protection assessments for targeted advertising and profiling
  • Consumer rights: access, correct, delete, portability, opt-out
  • 45-day response window extendable by 45 days

Notable Provisions

  • Virginia VCDPA template
  • Permanent 30-day cure period
  • Narrower health data definition
  • Data protection impact assessments from June 2026

US State Specifics

Cure Period
30 days
Private Right of Action
No
Global Opt-out Required
No
Sensitive Data Opt-in
Yes
Children Provisions
Under 13 data is sensitive requiring opt-in consent.

Other North America Regulations

CPRACalifornia, United States
The CPRA is the most comprehensive US state privacy law with a dedicated enforcement agency (CPPA). Cross-context behavioral advertising via cookies constitutes sharing personal information, triggering opt-out obligations. GPC signals must be honored as valid opt-out requests.
CCPACalifornia, United States
The CCPA was the first comprehensive consumer privacy law in the United States, giving California residents the right to know what personal information businesses collect and to opt out of its sale. It established the opt-out consent model that most subsequent US state privacy laws adopted.
PIPEDACanada (Federal)
Canada's federal private-sector privacy law based on 10 fair information principles. Requires express consent for sensitive data and implied consent for less sensitive data. OPC guidance addresses cookies and online behavioral advertising. The CPPA replacement bill died January 2025; a new bill is expected.
Quebec Law 25Quebec, Canada
The most GDPR-like privacy law in the Americas. Requires explicit, granular consent per purpose before deploying ANY tracking technology. Implied consent is explicitly prohibited for cookies and tracking. Features extraterritorial scope, mandatory PIAs, and GDPR-level penalties (4% worldwide turnover). The strictest cookie consent requirements in North America.
CPAColorado, United States
Colorado's CPA features the highest per-violation penalties among US state privacy laws at $20,000. Must honor GPC signals since July 2024. Participated in a joint GPC enforcement sweep with California and Connecticut in September 2025. The cure period was eliminated in January 2025.
TDPSATexas, United States
The TDPSA is the broadest US state privacy law — no revenue thresholds and no minimum consumer data volume thresholds. Applies to any non-small-business processing personal data of Texas residents. Must honor GPC signals since January 2025. This breadth means far more businesses are captured than under any other state law.

Frequently Asked Questions

When does Indiana's privacy law take effect?

January 1, 2026. Data protection impact assessments apply to processing from June 1, 2026 onward.

What template does the INCDPA follow?

The INCDPA closely follows the Virginia VCDPA template, with similar consumer rights and a permanent 30-day cure period.

What are the INCDPA penalties?

Up to $7,500 per violation, enforced by the Indiana Attorney General.

Stay compliant with INCDPA

ConsentStack helps you implement Opt-out consent for Indiana, United States automatically.

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