INCDPA

Indiana Consumer Data Protection Act

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

Data Subject Rights

Access your data45 days

Confirm whether a controller is processing your personal data and access that data, subject to the same limitations that apply to the right to obtain a copy of your data.

Correct your data45 days

Correct inaccuracies in personal data you previously provided to a controller, taking into account the nature of the data and the purposes of the processing; the right does not reach data the controller obtained from other sources.

Delete your data45 days

Have a controller delete personal data you provided or that it obtained about you.

Port your data45 days

Obtain a copy or, at the controller's choice, a representative summary of the personal data you previously provided, in a portable and, where technically practicable, readily usable format when processing is automated; a controller need not provide it more than once in a twelve month period.

Opt out of targeted advertising45 days

Opt out of the processing of your personal data for targeted advertising, meaning ads selected from your activity over time across nonaffiliated websites or online applications.

Opt out of sale45 days

Opt out of the sale of your personal data, which Indiana defines as an exchange of personal data for monetary consideration by a controller to a third party.

Opt out of profiling45 days

Opt out of solely automated profiling used in decisions that provide or deny financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services or access to basic necessities such as food and water.

Appeal a refusal60 days

Appeal a controller's refusal to act on your request through a process that must be conspicuously available and similar to the request process, and receive a written decision with the reasons for it.

Contact the Attorney General

If your appeal is denied, the controller must give you an online mechanism, if available, or another method to contact the Indiana Attorney General to submit a complaint.

Non-discrimination

A controller may not discriminate against you for exercising your rights, such as by denying goods or services or charging different prices, but it may offer a different price, level or selection if you opted out of targeted advertising, sale or profiling, or through a bona fide loyalty or discount program.

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

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.
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.
CIPACalifornia, United States
CIPA is a 1967 California chapter covering wiretapping, eavesdropping, and other privacy invasions, not a website-specific law. Since 2022, courts have applied two of its sections to website chat, analytics, and ad tools, and any visitor can sue directly for at least $5,000 per violation, no revenue threshold.
PIPEDACanada
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.
MODPAMaryland, United States
The most restrictive US state privacy law. Sensitive data may only be processed when strictly necessary to deliver a requested service, and sale of sensitive data is completely prohibited even with consent. Under-18 sale and targeted advertising are prohibited regardless of consent. Strictest data minimization in the US.
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

Stay compliant with INCDPA

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