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Navigating the New Hampshire's Data Privacy Law (NHDPA): Key Details

In this infographic, you will learn:

  • Scope, applicability and exemptions under NHDPA,
  • Key definitions and organizational obligations,
  • Data subject rights and enforcement authority,
  • How to operationalize NHDPA.

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On March 6, 2024, Governor Chris Sununu signed Senate Bill 255, making New Hampshire the 14th U.S. state to enact a comprehensive privacy law (NHDPA) and the second in 2024 after New Jersey.

Modeled after laws like those in California and Colorado, the NHDPA grants consumers privacy rights over their personal data and allows a 60-day cure period for violations. It takes effect on January 1, 2025, and is enforced exclusively by the Attorney General.

NHDPA outlines several obligations for organizations, such as data minimization and purpose limitation, non-discrimination, security measures, consent requirements and privacy notice requirements, opt-out signal preferences, and conducting data protection assessments and requirements for processors, among several other requirements. It also gives data subjects rights, such as access, correct, delete, data portability, and opt-out.

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NHDPA

Frequently Asked Questions (FAQs)

The NHDPA applies to businesses targeting New Hampshire residents that, within a year, process the personal data of 35,000+ consumers (excluding payment-related data) or 10,000+ consumers while earning over 25% of revenue from data sales.

The New Hampshire Attorney General exclusively enforces the NHDPA. From January 1 to December 31, 2025, the AG must, and afterward may, issue a notice of violation before action if a cure is possible. Controllers have 60 days to resolve the issue, after which the AG may proceed with enforcement.

Controllers must respond to consumer requests within 45 days, extendable by another 45 days if necessary, with reasons for delays communicated to the consumer. Controllers must notify the consumer within 45 days if a request is declined, providing reasons and appeal instructions.

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