NDPA

Nebraska Data Privacy Act

Key Facts

Effective Date
January 1, 2025
Enacted
April 1, 2024
Enforcing Authority
Nebraska Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
Entities operating in Nebraska or targeting Nebraska residents, with no minimum thresholds. Small businesses (SBA-defined) exempt but cannot sell sensitive data.

Overview

Nebraska's NDPA has no revenue or data volume thresholds, making it applicable to businesses of all sizes (similar to Texas). It uniquely defines precise geolocation data as within a 1,750-foot (533.4m) radius and requires honoring GPC/UOOM signals.

What This Means for Your Website

  • GPC/UOOM signals must be honored
  • Opt-in consent required for sensitive data, including precise geolocation (defined as within 1,750 feet)
  • No revenue or data volume thresholds, so nearly all businesses must comply
  • SBA-defined small businesses are exempt from general obligations but cannot sell sensitive data
  • A permanent 30-day cure period applies

Key Requirements

The Nebraska AG enforces the NDPA with penalties up to $7,500 per violation. Consumer requests must be fulfilled within 45 days. The absence of thresholds means the law captures far more businesses than most states. The unique 1,750-foot geolocation definition creates a specific standard for precision.

How ConsentStack Handles This

ConsentStack detects Nebraska visitors, honors GPC signals, and applies opt-in consent for sensitive data categories using Nebraska's specific geolocation definition.

Penalties

Up to $7,500 per violation.

Maximum Fine
$7,500 per violation

Key Requirements

  • Honor GPC/universal opt-out signals
  • Opt-in consent for sensitive data including precise geolocation
  • Consumer rights: access, correct, delete, portability, opt-out
  • 45-day response window for consumer requests
  • Data protection assessments for high-risk processing

Notable Provisions

  • No revenue or data volume thresholds, similar to Texas
  • Precise geolocation = within 1,750-foot radius, a unique definition
  • Small businesses exempt but cannot sell sensitive data
  • Must honor GPC/UOOM signals

Data Subject Rights

Access your data45 days

Confirm whether a controller is processing your personal data and access that data; a parent or legal guardian may exercise this right for a known child.

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 the data is digital and processed by automated means, obtain a copy of the personal data you previously provided in a portable and, where technically feasible, 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.

Opt out of profiling45 days

Opt out of profiling in furtherance of decisions that produce legal or similarly significant effects, such as the provision or denial of financial and lending services.

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 explanation of the decision.

Contact the Attorney General

If a controller denies your appeal, it must give you the Attorney General's online mechanism for submitting a complaint under the Act.

Use an authorized agent to opt out45 days

Designate an authorized agent, including through a link, browser setting or extension, or global device setting, to opt out of targeted advertising or the sale of your personal data for you; this agent right does not extend to profiling or other requests.

Non-discrimination

A controller may not discriminate against you for exercising your rights, including by denying a good or service, charging a different price or rate, or providing a different level of quality, though bona fide loyalty programs remain allowed.

US State Specifics

Cure Period
30 days
Private Right of Action
No
Global Opt-out Required
Yes
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

NDPA requires you to recognize an opt-out preference signal such as Global Privacy Control. Check whether GPC is working on your site to confirm the signal reaches you and that trackers actually stop firing when it does.

Stay compliant with NDPA

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