Kentucky Consumer Data Protection Act

Kentucky is joining the growing number of states with comprehensive data privacy laws. The Kentucky Consumer Privacy Act (KCPA) takes effect on March 30, 2026, granting Kentucky residents new rights regarding their personal information and imposing obligations on businesses that handle their data.

Key Provisions of the KCPA:

  • Consumer Rights:

    • Right to Access: Consumers can request access to their personal data.

    • Right to Correction: Consumers can request correction of inaccurate personal data.

    • Right to Deletion: Consumers can request deletion of their personal data.

    • Right to Opt-Out: Consumers can opt-out of the sale of their personal data or its use for targeted advertising and profiling.

      Right to Data Portability: Consumers can request a copy of their personal data in a portable format.

  • Business Obligations:

    • Provide a Privacy Notice: Clearly inform consumers about your data practices.

    • Respond to Consumer Requests: Respond to consumer requests within 45 days.

    • Implement Reasonable Security: Protect personal data with appropriate security measures.

    • Conduct Data Protection Assessments: Assess risks for processing activities like targeted advertising, profiling, and the processing of sensitive data.

    • Obtain Consent: Obtain consent before processing sensitive data.

  • Sensitive Data:

    • The KCPA provides heightened protection for sensitive data, including information about race, religion, health, sexual orientation, and precise geolocation. Businesses must obtain consent to process this type of data.

Who does the KCPA apply to?

The KCPA applies to businesses that conduct business in Kentucky or provide products or services to Kentucky residents and meet one of the following thresholds:

  • Control or process the personal data of at least 100,000 consumers.

  • Derive 50% or more of their gross revenue from selling personal data and control or process the personal data of at least 25,000 consumers.

Why is the KCPA important?

The KCPA is a significant step in protecting consumer data privacy in Kentucky. It's essential for businesses to understand and comply with the KCPA to avoid legal and financial risks, build trust with customers, and foster a culture of responsible data handling.

How Aetos Can Help:

Aetos Data Consulting provides expert guidance and support to help businesses navigate the complexities of the KCPA. Our services include:

  • KCPA compliance audits

  • Policy development and implementation

  • Training and awareness programs

  • Data subject request management

Contact us today to learn more about how we can help your business achieve and maintain KCPA compliance.

Check out other state laws