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New Jersey Legislature Passes Consumer Data Privacy Bill

15 Jan

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  Update Applicable to:    Effective date
  All employers who meet the applicable criteria 12 months after signature  

18 months – For UOOM (Universal Opt-Out Mechanisms)  


What happened?

On January 8, 2024, the New Jersey legislature passed Senate Bill 332 and it is waiting for New Jersey Governor Phil Murphy for consideration.

What are the details?

The bill is applicable to controllers that conduct business in New Jersey or produce products or services that target residents of the state, and during a calendar year either:

  1. Control or process the personal data of at least 100.000 consumers (not applicable to data processed solely for the purpose of completing a payment transaction)
  • Control or process the personal data of at least 25.000 consumers and the controller derives revenue, or receives a discount on the price of any goods or services, from the sale of personal data.

Some topics covered by the bill are:

  1. Definitions
  2. Privacy Notice
  3. UOOMs
  4. Exceptions and Enforcement
  5. Consumer Rights
  6. Data Processing Agreements and Data Protection Assessments

The Bill would grant New Jersey residents several rights, and obligate controllers and processors of New Jersey residents to act according to the new requirements.

It was amended to be based on the Washington Privacy Act (WPA) model, but it does not always track the structure of typical WPA variants and contains some notable differences, and it does not include the employment context.

Business Considerations

  • If covered, create or update procedures to comply properly with the new requirements.
  • Although similar to the other Consumer Privacy Laws enacted by some states, there are key differences in what is required by each law, so employers should be mindful of this in case they need a multi-state compliance policy.

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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