The Nebraska Data Privacy Act (NDPA) is a comprehensive consumer privacy law that took effect on January 1, 2025. It governs how businesses collect, process, share, and sell the personal data of Nebraska residents, granting individuals new rights and placing obligations on covered businesses. Like the TDPSA, the NDPA generally does not rely on revenue or data-volume thresholds, which significantly broadens its scope.
To meet NDPA requirements, covered businesses must provide clear, up-to-date privacy notices explaining how personal data is collected, used, shared, or sold. They must offer accessible opt-out mechanisms for the sale of personal data, targeted advertising, and certain profiling activities, and obtain explicit opt-in consent before processing sensitive personal data — including precise geolocation data, biometric data, health data, and any data belonging to children under 13.
Businesses are also expected to respond to consumer rights requests within 45 days, conduct data protection assessments for higher-risk processing activities, and maintain reasonable security safeguards throughout the data lifecycle.
Failing to meet NDPA requirements can expose businesses to enforcement action by the Nebraska Attorney General, including civil penalties of up to $7,500 per violation. Beyond fines, gaps in consent handling, opt-out controls, or required notices can increase legal exposure, disrupt advertising and data-driven revenue, and undermine customer trust.
As privacy expectations rise across the U.S., inadequate data practices may also lead to reputational damage, reduced user engagement, and lost business opportunities in the Nebraska market.
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Usercentrics helps businesses operating in Nebraska provide visitors with clear notice and meaningful choice — without disrupting website or app performance. Whether you’re preparing for NDPA or managing multiple U.S. and global privacy laws, our team can help you protect your business and implement the right setup for your website.
The NDPA applies to organizations that conduct business in Nebraska or target Nebraska residents with products or services, and that process or sell personal data, provided they are not a small business as defined under the US Small Business Act (generally fewer than 500 employees).
There is no minimum revenue threshold or data-volume threshold. Small businesses are not fully exempt: they may not sell sensitive personal data without consumer consent.
Nebraska residents’ rights under the NDPA:
The NDPA generally follows an opt-out model for most personal data processing, meaning businesses can collect and process personal data without prior consent in most cases. However, explicit opt-in consent is required before processing sensitive personal data, including data belonging to children under 13.
Consent must be freely given, specific, informed, and unambiguous. The law specifically prohibits obtaining consent through dark patterns, acceptance of general terms of use, or passive actions such as hovering or closing content.
Controllers must respond to verified consumer requests within 45 days, with a possible 45-day extension when reasonably necessary. If an extension is needed, the controller must notify the consumer before the initial period ends.
If a request is denied, consumers must be informed of the reason and the appeal process. Controllers must respond to appeals within 60 days. If an appeal is denied, the controller must provide the consumer with an online mechanism to contact the Nebraska Attorney General to submit a complaint.
The Nebraska Attorney General can pursue civil penalties of up to USD 7,500 per violation. Before initiating enforcement action, the AG must provide written notice of an alleged violation and allow 30 days to cure.
If the violation is not remedied within that period — or if a corrective statement is found to be insufficient — enforcement can proceed. The NDPA does not provide a private right of action, meaning individual consumers cannot sue businesses directly for violations.
The NDPA requires businesses to honor universal opt-out signals — such as the Global Privacy Control (GPC) — indicating a user’s preference to opt out of targeted advertising or the sale of personal data. However, this obligation applies only if the business is already required to recognize such mechanisms under another state’s consumer privacy law. Learn more about Global Privacy Control and Universal Opt-Out Mechanisms.
The NDPA’s most notable distinction is its broad scope: unlike laws such as the CCPA or Virginia’s CDPA, it sets no minimum revenue or data-volume thresholds. It specifically prohibits consent obtained through dark patterns or passive user actions.