What happened?

On January 28, 2024, the New Hampshire legislature passed SB255 and is waiting for Governor Christopher Sununu for consideration. If signed, not vetoed or the veto is overruled, the effective date will be January 1, 2025.

What are the details?

This bill is very similar to the Connecticut Data Privacy Act (CTDPA) without its 2023 amendments (and other differences), according to Hush Blackwell.

Some key provisions are: 

1. Applicability
2. Exemption
3. Rights
4. Privacy notice
5. Enforcement
6. Controller Obligations
7. Processor Obligations
8. Definition of Consent
9. Protections for Childrens data
10. Compliance with Other Laws

There are other important provisions that are incorporated in the law, such as but not limited to Cross-References or AI mechanisms. It does not contain a private right of action.

Business Considerations 

• Update any applicable polices, practices and procedures to follow the new requirements.
• Consider beginning to incorporate the requirements into your business practices to ensure compliance if and when the bill is signed into law.  

Resources 

• SB255

Source References

• New Hampshire Legislature Passes Consumer Data Privacy Bill (Husch Blackwell LLP)
• New Hampshire Legislature Passes a Comprehensive Privacy Law (Wilmer Cutler Pickering Hale and Dorr LLP)
• State lawmaker’s take on New Hampshire comprehensive privacy bill’s impacts (International Association of Privacy Professionals – iapp)
• New Hampshire: Bill on expectation of privacy passes House of Representatives (OneTrust, LLC)
• New Jersey And New Hampshire On Track to Enact Privacy Laws (Klein Moynihan Turco LLP)

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