Nebraska's Data Privacy Act (NDPA) was signed by Governor Jim Pillen on April 17, 2024, and took effect January 1, 2025. Nebraska's law is notable for having no minimum processing threshold — it applies to any business that conducts business in Nebraska or targets Nebraska residents and processes personal data, subject to standard exemptions. This makes it, along with Texas, among the broadest state privacy laws in terms of business applicability. The NDPA follows the Virginia CDPA model for consumer rights and sensitive data protections. Nebraska has a small business exemption for businesses that qualify as small businesses under SBA definitions.
Residents of Nebraska have the following legally enforceable privacy rights under NDPA:
Confirm whether a business processes your personal data and obtain a copy in portable format.
Request correction of inaccurate personal data held about you by covered businesses.
Request deletion of personal data you've provided or that has been collected about you.
Receive your personal data in a machine-readable, portable format to transfer to other services.
Prevent businesses from selling your personal data to third parties for commercial purposes.
Stop businesses from using your data to show you personalized ads based on your online behavior.
Opt out of automated decision-making used in significant decisions about credit, employment, or housing.
Businesses cannot penalize you with higher prices or reduced service for exercising your rights.
The NDPA applies to any person that conducts business in Nebraska or produces products or services targeted to Nebraska residents AND that processes personal data. Unlike most state laws, there is NO minimum consumer data threshold. The main limiting factor is the SBA small business exemption and standard sectoral exemptions (HIPAA-covered entities, financial institutions subject to GLBA, government entities, nonprofits, and higher education institutions).
Under NDPA, the following categories are classified as sensitive personal data and require explicit opt-in consent before processing:
Racial or ethnic origin · Religious or philosophical beliefs · Mental or physical health diagnoses · Sexual orientation or gender identity · Citizenship or immigration status · Genetic or biometric data uniquely identifying a person · Personal data of known minors · Precise geolocation data (within 1,750 feet)
Under NDPA, businesses must respond to consumer rights requests within 45 days of receipt. This may be extended by an additional 45 days with prior written notice explaining the reason for the delay. Businesses must also establish an internal appeals process for denied requests, with a response due within 60 days.
The Nebraska Attorney General has exclusive enforcement authority. The AG must provide a 30-day written cure notice before initiating an enforcement action. Civil penalties up to $7,500 per violation are available, with each day of continuing violation constituting a separate violation. There is no private right of action.
To exercise your rights under NDPA, contact the business through their official privacy portal (typically linked at the bottom of their website under "Privacy" or "Your Privacy Rights"). Clearly state:
1. That you are a Nebraska resident invoking rights under NDPA
2. Your full name and contact information linked to your account
3. The specific right you are invoking (access, deletion, opt-out of sale, etc.)
4. The legal deadline for response (45 days)
If the company denies your request, you have the right to appeal. If the company does not respond or appeal fails, you may file a complaint with the Nebraska Attorney General's office.
| Term | Definition Under NDPA |
|---|---|
| Personal Data | Any information linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. |
| Controller | A natural or legal person that, alone or jointly with others, determines the purposes and means of processing personal data. |
| Processor | A natural or legal person that processes personal data on behalf of a controller (e.g., a cloud hosting vendor). |
| Sale of Personal Data | The exchange of personal data for monetary or other valuable consideration by the controller to a third party. |
| Targeted Advertising | Displaying ads selected based on personal data obtained from a consumer's activities across non-affiliated websites or applications. |
| Profiling | Automated processing to evaluate, analyze, or predict aspects of a consumer's economic situation, health, personal preferences, behavior, location, or movements. |