The Nebraska Data Privacy Act
Nebraska is the latest state to join the data privacy movement with the Nebraska Data Privacy Act, which took effect on January 1, 2025. This comprehensive law grants Nebraska residents new rights regarding their personal information and imposes obligations on businesses that handle their data.
Key Provisions of the Nebraska Data Privacy Act:
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 Nebraska law defines "sensitive data" as personal data revealing racial or ethnic origin, religious beliefs, mental or physical health condition or diagnosis, sex life or sexual orientation, citizenship or immigration status, genetic or biometric data, or children's data. Businesses must obtain consent to process this type of data.
Who does the Nebraska Data Privacy Act apply to?
The Nebraska Data Privacy Act applies to businesses that conduct business in Nebraska or provide products or services to Nebraska residents and meet one of the following thresholds:
Control or process the personal data of at least 50,000 consumers.
Derive 50% or more of their gross revenue from selling personal data.
Why is the Nebraska Data Privacy Act important?
The Nebraska Data Privacy Act is a significant step in protecting consumer data privacy in the state. It's essential for businesses to understand and comply with this law 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 Nebraska Data Privacy Act. Our services include:
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 compliance with the Nebraska Data Privacy Act and other data privacy laws.