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New Jersey Legislature Passes Consumer Data Privacy Bill

15 Jan

  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.


Source References

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

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

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