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New Hampshire Legislature Consumer Data Privacy Bill for 2025

20 Mar

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

What happened?

On January 28, 2024, the New Hampshire legislature passed SB255 which was signed by Governor Christopher Sununu on March 6, 2024.

What are the details?

As previously reported by Vensure, New Hampshire joined the Privacy Act club, making it the 14th state to do so.

The act applies to entities that conduct business or produce products or services that target New Hampshire residents, and in a year, control, or process either (1) the personal data of at least 35.000 unique consumers (excluding data used solely to process a payment) or (2) the personal data of at least 100.000 unique consumers and derive more than 25 percent (25%) of their gross revenue from the sale of personal data. 

A key provision of the statute is that the definition of consumer does not include:

…an individual acting in a commercial or employment context or as an employee, owner, director, officer or contractor of a company, partnership, sole proprietorship, nonprofit…whose communications or transactions with the controller occur solely within the context of that individual’s role with the company, partnership, sole proprietorship, nonprofit or government agency.

One of the exceptions regarding information from the Privacy Act, concerning employment, is:

“Data processed or maintained in the course of an individual applying to, employed by or acting as an agent or independent contractor of a controller, processor or third party, to the extent that the data is collected and used within the context of that role; ….”  

Business Considerations

  • Conduct an audit to determine if this law applies to you, by looking at the personal data that you control and process in a year.
  • If you meet the definition of the applicable entities, review your privacy policies, practices, and procedures regarding information safeguarding.


Source References

Need help understanding how changes to employment laws will affect your business?

Learn more about how Vensure's New Hampshire PEO services can help you navigate complex employment laws and keep your business compliant.

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