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Nebraska Becomes 16th State to Pass Privacy Law

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On April 12th, Nebraska signed Legislative Bill 1074 into law, marking a significant step towards privacy regulation. Nebraska now joins the ranks of the 16 U.S. states that have enacted comprehensive privacy laws. The Nebraska Data Privacy Act (NEDPA) is set to become effective on January 1, 2025.

The legislation covers individuals engaged in business activities within Nebraska or offering products or services aimed at residents of Nebraska. It also extends to individuals involved in the handling or commercialization of personal data. Additionally, the law pertains to any organization not categorized as a small business according to the Federal Small Business Act, regardless of their involvement in data processing or sales.

A business qualifies as a “small business” under this act if it employs fewer than 500 individuals. This approach mirrors Texas’ data privacy legislation, diverging from the typical volume and revenue-based criteria observed in many other states like New Hampshire, Connecticut, and Maryland.

Once in effect, the NEDPA will grant consumers a spectrum of extensive entitlements. These encompass:

  • The right to confirm whether a controller is handling their personal data,
  • The right to correct any inaccuracies,
  • The right to have personal data deleted,
  • The right to obtain a portable and user-friendly copy of personal data,
  • The right to decline participation in data processing for targeted advertisements, personal data sales, or profiling leading exclusively to automated decisions with significant legal or comparable consequences.

The law also stipulates that before taking action against any suspected violation, the Nebraska Attorney General is obligated to issue a notice and grant a 30-day window for rectifying the alleged non-compliance. The AG has the authority to levy statutory penalties of up to $7,500 per violation for failure to comply.

Employer Guidance:

In preparation of the new legislation, you may examine your existing data procedures, encompassing data gathering, handling, and distribution, to guarantee adherence to the law’s mandates. This entails reducing data collection to essential information only, obtaining explicit consent prior to processing sensitive data, and refraining from utilizing gathered data for objectives beyond the originally specified ones without obtaining supplementary consent.

Click here for more information.

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