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Navigating the New Jersey Data Privacy Act (NJDPA): Key Details

In this infographic, you will learn:

  • Scope, applicability and exemptions under NJDPA,
  • Key definitions and organizational obligations,
  • Data processor responsibilities and data subject rights,
  • Noncompliance penalties and how to operationalize NJDPA.

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On January 16, 2024, Governor Phil Murphy signed the New Jersey Data Privacy Act (NJDPA), making New Jersey the first state in 2024 to enact a comprehensive data privacy law. The NJDPA's key features include its broader applicability compared to other state laws, the absence of a private right of action, and the establishment of an independent regulatory authority for enforcement. The law will take effect on January 15, 2025.

NJDPA outlines several obligations for organizations, such as data minimization and purpose limitation, non-discrimination, data security, consent and privacy notice, and conducting data protection assessments. It also gives data subjects several rights, such as the right to confirm and access, correct, delete, data portability, and opt-out.

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NJDPA

Frequently Asked Questions

The NJDPA applies to businesses operating in New Jersey or offering products and services to its residents. It covers entities that collect or process the personal data of at least 100,000 consumers annually, excluding data processed exclusively for payment transactions or those that collect or process personal data of at least 25,000 consumers and derive revenue or receive discounts from the sale of personal data.

The Office of the Attorney General has sole authority to enforce the law, but consumers cannot take private legal action under it. The Division of Consumer Affairs Director establishes rules and regulations to implement the law's objectives.

The NJDPA does not grant a private right of action, meaning individuals cannot sue under the law. Businesses are allowed a 30-day cure period to address violations. Noncompliance penalties are $10,000 for a first violation and $20,000 for each subsequent violation.

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