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
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.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.Quebec Law 25Quebec, Canada
Quebec's Law 25 is the strictest privacy law in Canada and the closest North American equivalent to the GDPR. Consent must be clear, free, informed and requested for each purpose, and any technology that identifies, locates or profiles a visitor has to be disclosed. Its privacy-by-default rule carves out browser cookie settings, but non-essential cookies still need consent first.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.Frequently Asked Questions
Stay compliant with KCDPA
ConsentStack helps you implement Opt-out consent for Kentucky, United States automatically.