OCPA

Oregon Consumer Privacy Act

Key Facts

Effective Date
July 1, 2024
Enacted
July 18, 2023
Enforcing Authority
Oregon Attorney General
Consent Model
Opt-out
Fulfillment Time
45 days
Applies To
Entities (including nonprofits) in OR or targeting OR residents: 100,000+ consumers OR 25,000+ consumers and 25%+ revenue from selling PI

Overview

Oregon's OCPA is the first US state comprehensive privacy law to cover nonprofit organizations (effective July 2025). It also has the broadest sensitive data definition among US states, uniquely including transgender/nonbinary status and status as a victim of crime.

What This Means for Your Website

  • Opt-in consent is required for all categories of sensitive data (broadest definition among US states)
  • Nonprofits must comply from July 2025, the first US state to require this
  • GPC signals must be honored from January 2026 (when the cure period also sunsets)
  • Data of visitors under 16 cannot be sold or used for targeted advertising
  • The 30-day cure period sunsets January 1, 2026

Key Requirements

The Oregon AG enforces the OCPA with penalties up to $7,500 per violation. Consumer requests must be fulfilled within 45 days. The broadest sensitive data definition captures categories unique to Oregon. Nonprofit coverage expands the law's reach significantly.

How ConsentStack Handles This

ConsentStack detects Oregon visitors and applies opt-in consent for sensitive data using Oregon's expanded definition. Enhanced protections block data sale and advertising for under-16 visitors.

Penalties

Up to $7,500 per violation.

Maximum Fine
$7,500 per violation

Key Requirements

  • Opt-in consent for all categories of sensitive data
  • Honor GPC/universal opt-out signals from January 2026
  • Consumer rights: access, correct, delete, portability, opt-out
  • Data protection assessments for high-risk processing
  • Nonprofit compliance from July 2025

Notable Provisions

  • First US state to cover nonprofits
  • Broadest sensitive data definition (transgender/nonbinary status, crime victim)
  • Cure period sunsets January 2026
  • Under 16 data cannot be sold/shared for targeted advertising

Data Subject Rights

Access your data45 days

Confirm whether a controller is processing or has processed your personal data, learn the categories of that data, and obtain a copy of all of it, free once in any 12-month period and without the controller having to reveal trade secrets.

Know who receives your data45 days

Obtain a list of the specific third parties, other than natural persons, to which the controller has disclosed your personal data or, at the controller's option, any personal data.

Port your data45 days

Receive the copy of your personal data in a portable and, where technically feasible, readily usable format that lets you transmit it to another person without hindrance.

Correct your data45 days

Require a controller to correct inaccuracies in your personal data, taking into account the nature of the data and the controller's purpose for processing it.

Delete your data45 days

Require a controller to delete personal data about you, including data you provided, data it obtained from another source and derived data.

Opt out of targeted advertising45 days

Opt out of the processing of your personal data for targeted advertising, without authentication and including through an opt-out preference signal controllers must honor from January 1, 2026; a controller may not target ads to a consumer it knows, or willfully disregards, is under 16.

Opt out of sale45 days

Opt out of the sale of your personal data, without authentication and including through an opt-out preference signal controllers must honor from January 1, 2026; data of a consumer the controller knows, or willfully disregards, is under 16 and precise geolocation data may not be sold at all.

Opt out of profiling45 days

Opt out of profiling in furtherance of decisions that produce legal or similarly significant effects, such as decisions on financial or lending services, housing, insurance, education, criminal justice, employment, health care or access to essential goods and services.

Use an authorized agent to opt out45 days

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

Appeal a refusal45 days

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

Complain to the Attorney General

If a controller denies your appeal, its written notice must give you information that enables you to contact the Oregon Attorney General to submit a complaint.

Revoke your consent15 days

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

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 or selection, except for bona fide loyalty, rewards, premium features, discount or club card programs.

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 16: data cannot be sold or used for targeted advertising.

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.
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.
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.
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.
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.

Frequently Asked Questions

OCPA 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 OCPA

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