KCDPA

Kentucky Consumer Data Protection Act

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Kentucky, United StatesOpt-outState
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Key Facts

Effective Date
January 1, 2026
Enacted
April 4, 2024
Enforcing Authority
Kentucky Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
Entities in KY or targeting KY residents: 100,000+ consumers OR 25,000+ consumers and 50%+ revenue from selling PI

Overview

Kentucky's KCDPA closely follows the Virginia VCDPA template, with a permanent 30-day cure period and standard applicability thresholds. It takes effect January 1, 2026, with data protection impact assessments applying to processing from June 2026. HB 473 (March 2025) refined healthcare and DPIA provisions.

What This Means for Your Website

  • Opt-in consent is required for sensitive data of Kentucky visitors
  • Consumer rights include access, correction, deletion, portability, and opt-out
  • A permanent 30-day cure period applies
  • No requirement to honor GPC/UOOM signals
  • Data protection impact assessments apply from June 1, 2026

Key Requirements

The Kentucky AG enforces the KCDPA with penalties up to $7,500 per violation. Consumer requests must be fulfilled within 45 days. The VCDPA template provides a familiar framework for businesses already complying with Virginia law.

How ConsentStack Handles This

ConsentStack detects Kentucky visitors and applies the KCDPA 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
  • Consumer rights: access, correct, delete, portability, opt-out
  • Data protection assessments from June 2026
  • Privacy notice with required disclosures
  • Data minimization obligations

Notable Provisions

  • Virginia VCDPA template
  • Permanent 30-day cure period
  • No UOOM requirement
  • DPIAs from June 2026
  • HB 473 (March 2025) refined healthcare and DPIA provisions

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 Kentucky's privacy law take effect?

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

Does Kentucky require GPC signal honoring?

No. The KCDPA does not require honoring GPC/UOOM signals, unlike many other recent US state privacy laws.

What are the KCDPA penalties?

Up to $7,500 per violation with a permanent 30-day cure period.

Stay compliant with KCDPA

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

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