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Nebraska Enacts Data Privacy Law

22 May

Update Applicable to:Effective date
All covered entitiesJanuary 1, 2025

What happened?

On April 17, 2024, Nebraska Governor Jim Pillen signed into law Omnibus Legislative Bill 1074, which includes the Nebraska Data Privacy Act.

What are the details?

The Nebraska Data Privacy Act imposes requirements to cover entities that meet the criteria of “Controller” and “Processor.”

Key Bites

  • Controller” is defined as the individual or other person who determines the purpose and means of processing personal data.
  • “Processor” is a person that processes personal data on behalf of a controller. 
  • There is no threshold for application based on an entity’s annual revenue or the volume of personal data collected by the entity. The NDPA applies to businesses that:
    • Conduct business in Nebraska or produce a product or service consumed by residents of Nebraska.
    • Process or sell personal data of Nebraska residents; and
    • Are not a small business as determined under the federal Small Business Act, except to the extent that Section 18 of the NDPA applies to a person described by this subdivision.
  • Controllers must provide consumers with a comprehensive privacy notice
  • Provides consumers with some rights regarding their data

Business Considerations

  • Although employment is expressly excluded from the Act, covered entities should understand the Scope of the requirements imposed.
  • Employers should consider reviewing the Act to find inspiration to update the data privacy policies and practices.

Source References


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