Nebraska’s latest attempt at keeping our personal data under wraps, and it’s a hefty one that ties in with recent cyber security news about what you can sue for. The Nebraska Data Privacy Act, or NDPA for short, kicked in on January 1, 2025, after Governor Jim Pillen signed it into law back in April 2024. It’s the state’s first big swing at a comprehensive privacy law, joining a growing club of 17 states trying to tackle the wild west of data collection and data protection regulations.
Unpacking the Nebraska Data Privacy Act: A New Era for Data Protection
With companies slurping up everything from our browsing habits to our Social Security numbers, this feels like a long-overdue move. Nebraska’s not reinventing the wheel, but it’s got some teeth, especially when it comes to forcing businesses to think twice before they mess with our info. From targeted ads to data sales, the NDPA’s got a lot to say, and the privacy superheroes here at Captain Compliance are here to break it down.
What 1is the Nebraska Data Privacy Law 2025?
The NDPA isn’t some dusty old rulebook; it’s a fresh blueprint for how businesses handle personal data in Nebraska, effective as of this year. Signed as part of Legislative Bill 1074, it’s the state’s answer to a world where your phone knows you better than your mom does. The law applies to anyone doing business in Nebraska or offering products and services consumed by its residents, as long as they’re processing or selling personal data and aren’t a small business under federal rules. Think of it as a net cast wide enough to snag big players but letting the little fish swim free, unless they’re peddling sensitive stuff like health records or kids’ info, which still need consent and is separate from the compliance requirements of COPPA and potentially KOSA if it’s approved.
Key Features of the NDPA Privacy Law
What’s the NDPA all about? It gives Nebraskans a handful of rights over their data, like asking companies what they’ve got on you, fixing mistakes, or telling them to delete it. This ties into Captain Compliance’s Data Subject Request Software where businesses can fully automate their DSAR as they come in. You can also opt out of having your data used for targeted ads, sold off, or fed into profiling that might mess with your life in a big way, like affecting a loan or job. The current Nebraska Attorney General Mike Hilger is the only one who can enforce it at the moment, though no private lawsuits allowed at this time that does not preclude Nebraska attorneys from filing other lawsuits around privacy laws like ECPA where a 1980’s privacy law is used for modern day tech lawsuits will become a commonplace theme in Nebraska as lawyers realize the opportunity to litigate against those who violate privacy rights of Nebraska residents. If a company slips up, they get 30 days to fix it before facing a $7,500 fine per violation. It’s a practical setup, mirroring Texas’s law more than California’s, with a focus on transparency and giving folks a say without bogging down businesses too much.
What is the Data Breach Law in Nebraska?
Nebraska’s data breach law isn’t a standalone thing; it’s baked into the NDPA, and it’s got some real urgency behind it. If a company handling Nebraskans’ personal data gets hit with a breach say, hackers snag your name and credit card number they’ve got to act fast. The law says they need to notify affected residents and the Attorney General “without unreasonable delay.” That’s vague enough to keep lawyers busy, but the idea’s clear: don’t sit on it. This isn’t about every little glitch; it kicks in when there’s a real risk of harm, like identity theft or financial loss. It’s a piece of the NDPA puzzle, ensuring companies can’t just shrug off a data spill and leave you in the dark.
How It Fits with the NDPA
The breach rule ties straight into the NDPA’s broader mission: protecting your personal info from misuse. Companies already have to keep data secure under the law think encryption, access controls, the basics and the breach notification is the fallback when those fail. It’s not as detailed as some states’ standalone breach laws, like California’s with its 500-victim trigger for extra reporting, but it’s got muscle thanks to the Attorney General’s enforcement power. For a bank in Lincoln or an online retailer shipping to Omaha, this means no hiding a hack that exposes your SSN or geolocation pings. The NDPA’s breach provision is less about punishing and more about getting the word out quick so you can lock down your accounts.
What Violates the Nebraska Data Privacy Act?
Breaking the NDPA isn’t hard if you’re sloppy with data handling. Picture a company scooping up your browsing history for ads without letting you opt out that’s a violation. Easy solution is to use a universal opt out mechanism. Selling your email and phone number to a third party without your okay? Another strike. The law’s got a list of no-nos: processing sensitive data like health or biometric info without consent, ignoring opt-out requests for targeted ads or profiling, or skipping the security measures that keep hackers at bay. If a business doesn’t respond to your request to see or delete your data within 45 days, that’s trouble too. And if they use dark patterns those sneaky designs that trick you into agreeing…they’re asking for a $7,500 slap from the Attorney General which is in line with the other state privacy laws.
Profiling and DPIA Violations
Here’s where it gets tricky: profiling. If a company uses your data to profile you like guessing your credit score or job prospects and it risks unfair treatment, financial harm, or creeping into your private life in a way that’d tick off any reasonable person, they’ve got to do a Data Protection Impact Assessment, or DPIA.
Nebraska DPIA Service
Skipping that DPIA or ignoring its red flags violates the NDPA. Same goes for targeted ads or data sales; if a business violates and they don’t assess the risks and document it, they’re in hot water. The law’s not messing around controllers have to prove they’ve thought it through, or they’re rolling the dice on fines and a public shaming. Captain Compliance provides a comprehensive suite of privacy tools to automate the requirements that Nebaraska’s privacy law requires and the Nebraska DPIA software solution has the ability to automate the requirements to protect businesses who may not have a clue how to conduct or handle a DPIA. If you were to ask the majority of Nebraskans what a Data Protection Impact Assessment is or how they would go about conducting a DPIA they would be clueless and thats okay. It’s good to leave the complicated world of privacy regulations up to an expert.
What Data is Covered by the Nebraska Privacy Act?
The NDPA casts a wide net over “personal data,” defined as anything linked or linkable to you as an individual. That’s your name, email, or SSN, sure, but it also includes trickier stuff like pseudonymous data think coded IDs that can be tied back to you with the right key. Sensitive data gets extra protection: racial or ethnic origins, religious beliefs, health diagnoses, sexual orientation, citizenship status, genetic or biometric markers, kids’ info, and precise geolocation within 1,750 feet. If a company’s touching any of that, they need your opt-in consent, no exceptions. Regular data, like your shopping habits or IP address, is opt-out, meaning they can use it unless you say stop.
Exemptions and Limits
Not everything’s fair game. The NDPA skips over data tied to jobs or business deals your work email’s safe and carves out exemptions for stuff already covered by federal laws like HIPAA health records or Gramm-Leach-Bliley financial info. Nonprofits, government agencies, and small businesses (under 500 employees, per the Small Business Act) get a pass too, unless they’re selling sensitive data. It’s a practical cut-off, keeping the law focused on the big players who move data around like it’s currency, while letting the little guys breathe mostly.
DPIAs: Nebraska’s Risk Radar
One of the NDPA’s standout rules is how it makes controllers—those deciding how data’s used stop and think with DPIAs. Nebraska’s privacy law requires them to conduct and document these assessments for a bunch of activities involving personal data. Targeted advertising? Check. Selling personal data? Yup. Profiling that might lead to unfair or deceptive treatment, financial or physical harm, a nosy peek into your private life that’d annoy anyone sensible, or other big injuries? That’s on the list too. They’ve got to do it for processing sensitive data or anything else with a “heightened risk of harm” to you. It’s not just busywork these DPIAs weigh benefits against risks, factoring in de-identified data use and what you’d reasonably expect. Controllers can reuse assessments from other strict laws, like California’s, but they’ve got to keep them handy if the Attorney General comes knocking.
DPIA Triggers in Action
Imagine a Nebraska retailer using your online clicks for ads they need a DPIA to see if it’s worth the risk of creeping you out or a data broker buying your geolocation to sell they’d better assess if it could hurt your wallet or safety. Profiling’s the wild card: if an AI guesses you’re a credit risk based on sketchy data, and it screws you over, the NDPA wants that risk mapped out first. It’s a proactive jab at stopping harm before it starts, and it’s got teeth skip it, and that $7,500 fine per violation looms large. A business with 10,000 violations is getting fined $75,000,000 by the Nebraska privacy protection authority (The NE Attorney General).
NDPA vs. Other U.S. Privacy Laws: A Quick Chart
Here’s how the NDPA stacks up against state privacy laws and the GDPR in Europe
| Law | Scope | Consent Model | Fines |
|---|---|---|---|
| NDPA (Nebraska) | Businesses in NE, no size threshold | Opt-out, opt-in for sensitive | $7,500 per violation |
| CCPA (California) | Big revenue or data volume | Opt-out | Up to $7,500 per intentional violation |
| GDPR (EU) | Any EU data processing | Opt-in | Up to 20M EUR or 4% revenue |
| Texas TDPSA | Businesses in TX, no size threshold | Opt-out, opt-in for sensitive | $7,500 per violation |
The NDPA’s a close cousin to Texas’s law, with a broad reach and a permanent cure period unlike California’s tighter net or the GDPR’s global hammer that will fine a business anywhere in the world with the most strict requirements respecting users privacy.
Why It Matters Now
Nebraska’s not a tech giant hub, but it’s got banks, retailers, insurance companies, and online players who live on data. The NDPA’s a wake-up call: consumers info is not free for the taking anymore. With DPIAs and breach rules, it’s pushing companies to clean up their act, not just dodge lawsuits. It’s not perfect consumer advocates recently grumbled that it’s too soft compared to Europe but for a state known more for corn than code, it’s a solid step into privacy.
