The Utah Consumer Privacy Act

The Utah Consumer Privacy Act (UCPA) took effect on December 31, 2023, adding another layer to the evolving landscape of US data privacy laws. While it shares similarities with California's CCPA and other state privacy laws, the UCPA has its own unique flavor, reflecting Utah's approach to balancing consumer rights with business needs.

Key Provisions of the UCPA:

• Consumer Rights:

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

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

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

  • 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.

  • Establish a Process for Opt-Out Requests: Provide a clear and accessible way for consumers to opt-out of targeted advertising and sales.

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

  • Conduct Data Protection Assessments: Assess risks for processing activities like targeted advertising and profiling in certain circumstances.

Who does the UCPA apply to?

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

• Have annual revenue of $25 million or more.

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

• Derive 50% or more of their gross revenue from the sale of personal data.

Why is the UCPA important?

The UCPA is a significant step in protecting consumer data privacy in Utah. It's essential for businesses to understand and comply with the UCPA 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 UCPA. Our services include:

• UCPA 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 UCPA compliance.