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New Hampshire Legislature Passes Consumer Data Privacy Bill 

06 Feb

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Update Applicable to:Effective date
All covered persons that conduct business or produce products/services targeted to residents in New HampshireJanuary 1, 2025 – see details below


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 


Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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