KCDPA

Kentucky Consumer Data Protection Act

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

Data Subject Rights

Access your data45 days

Confirm whether a controller is processing your personal data and access that data, unless doing so would require the controller to reveal a trade secret.

Correct your data45 days

Correct inaccuracies in your personal data, taking into account the nature of the data and the purposes of the processing.

Delete your data45 days

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

Port your data45 days

Where processing is automated, obtain a copy of the personal data you previously provided in a portable and, where technically practicable, readily usable format you can transmit to another controller.

Opt out of targeted advertising45 days

Opt out of the processing of your personal data for targeted advertising.

Opt out of sale45 days

Opt out of the sale of your personal data, meaning its exchange for monetary consideration to a third party.

Opt out of profiling45 days

Opt out of automated profiling used for decisions with legal or similarly significant effects, meaning decisions on financial and lending services, housing, insurance, education enrollment, criminal justice, employment opportunities, health care services or access to basic necessities.

Appeal a refusal60 days

Appeal a controller's refusal to act on your request, within a reasonable period after you receive the decision, through a process that is conspicuously available and similar to the request process.

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 Kentucky Attorney General and submit a complaint.

Non-discrimination

A controller may not discriminate against you for exercising your rights, such as by denying goods or services, charging different prices or providing a different quality, though bona fide loyalty, rewards, premium features, discount or club card programs are allowed.

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.
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.
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 KCDPA

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