NHPA

New Hampshire Privacy Act

Key Facts

Effective Date
January 1, 2025
Enacted
March 6, 2024
Enforcing Authority
New Hampshire Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
Entities in NH or targeting NH residents: 35,000+ consumers OR 10,000+ consumers and 25%+ revenue from selling PI

Overview

New Hampshire's NHPA uniquely includes criminal penalties for intentional noncompliance ($100,000) alongside civil penalties ($10,000). The discretionary cure period uses a multi-factor assessment considering violation count, business size, public injury likelihood, and whether the violation was human or technical error.

What This Means for Your Website

  • GPC/universal opt-out signals must be honored
  • Opt-in consent required for sensitive data
  • Intentional noncompliance can trigger criminal penalties up to $100,000, unusual among US states
  • Children 13-16 are protected from data sale and targeted advertising
  • The cure period is discretionary with a multi-factor assessment

Key Requirements

The New Hampshire AG enforces the NHPA with civil penalties up to $10,000 and criminal penalties up to $100,000 for intentional violations. Consumer requests must be fulfilled within 45 days (extendable by 45). The multi-factor cure period assessment considers business size, violation severity, and whether errors were human or technical.

How ConsentStack Handles This

ConsentStack detects New Hampshire visitors, honors GPC signals, applies opt-in for sensitive data, and protects 13-16 year olds from data sale and targeted advertising.

Penalties

Up to $10,000 per violation (civil); up to $100,000 per violation for intentional noncompliance (criminal).

Maximum Fine
$100,000 per violation

Key Requirements

  • Honor GPC/universal opt-out signals
  • Opt-in consent for sensitive data
  • Consumer rights: access, correct, delete, portability, opt-out
  • 45-day response window extendable by 45 days
  • Data security measures

Notable Provisions

  • Criminal penalties for intentional noncompliance ($100,000), unusual
  • Discretionary cure period with multi-factor assessment
  • Children 13-16: sale and targeted advertising prohibited

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

Obtain a copy of your personal data in a portable and, where technically feasible, readily usable format you can transmit to another controller, where the processing is carried out by automated means.

Opt out of targeted advertising45 days

Opt out of the processing of your personal data for targeted advertising, including through an opt-out preference signal such as a browser or device setting.

Opt out of sale45 days

Opt out of the sale of your personal data, including through an opt-out preference signal such as a browser or device setting.

Opt out of profiling45 days

Opt out of profiling in furtherance of solely automated decisions that produce legal or similarly significant effects, such as decisions about lending, housing, insurance, education, employment, health care or essential goods.

Use an authorized agent to opt out45 days

Designate another person, including through a browser setting, browser extension or global device setting, to opt out on your behalf of targeted advertising, sale or profiling; this agent right covers opt-outs only.

Appeal a refusal60 days

Appeal a controller's refusal to act on your request through an appeal process that must be conspicuously available and similar to the process for submitting requests.

Contact the Attorney General

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

Revoke your consent15 days

Revoke consent you gave, for example to the processing of sensitive data, through a mechanism at least as easy as the one you used to give it, after which the controller must stop processing that data.

Non-discrimination

A controller may not discriminate against you for exercising your rights, including by denying goods or services, charging different prices or rates, or providing a different level of quality.

US State Specifics

Private Right of Action
No
Global Opt-out Required
Yes
Sensitive Data Opt-in
Yes
Children Provisions
Children 13-16: sale and targeted advertising prohibited.

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

NHPA 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 NHPA

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