US State Privacy Law Overview

Introduction

The United States privacy landscape is uniquely complex. In the absence of a federal law, individual states have begun issuing their own versions of privacy legislation. As of 2024, more American organizations than ever will need to comply with stricter and wider-reaching requirements for collecting and processing personal data. The benefits of complying with US privacy laws include cultivating consumer trust, building and maintaining brand reputation, and avoiding administrative penalties.

As states approach privacy legislation one by one, understanding the key compliance areas of each law will help your organization develop compliant practices amid a patchwork of regulations. It will be critical to know how US privacy laws overlap and their essential differences. For organizations up to speed with the General Data Protection Regulation (GDPR), examining how US privacy laws differ from EU laws will also be helpful.

For most organizations, the ideal approach is to build a holistic program that encompasses cross-regulation frameworks and best practices, as opposed to focusing on each individual regulation in silos. Adopting this type of strategy helps future-proof the organization as regulations continue to evolve at the state and federal level over the months and years to come.

Product Guidance

To assist our customers in this privacy approach, OneTrust has compiled product configuration guidance for each compliance area according to all states' scopes of application. Many OneTrust products offer a multi-state approach with seeded templates to cover all states at a glance. Where this is not available, our internal teams have offered prescriptive advice as what to add and/or configure to accommodate the individual state's unique requirements. Refer to the tables below to see what content is available per state.

For further assistance concerning these product configurations or if you're just getting started with our products, please contact OneTrust Support.

Note:

Information provided by OneTrust in this article does not constitute legal advice (and should not be relied upon as such). For additional context, see our Terms and Conditions.

Regulatory Resources

OneTrust encourages our customers to learn about each state's governing texts and requirements in detail on OneTrust DataGuidance, our regulatory research software. Links to these sections are included in each table below.

Data Subject Rights

As individuals become more aware of their rights and businesses rely more heavily on the processing of personal data to create value, fulfilling data subjects requests manually is no longer a scalable solution for any organization. Each new regulation introduces new complexity to the definition of data subjects adding complexity to privacy rights fulfillment processes.

OneTrust’s Privacy Rights Automation solution enables organizations to automate every phase of the consumer request process including intake, identity verification, data discovery, deletion, data redaction, and secure response. In combination, businesses can ensure fulfillment accuracy, improve response times, and scale their program when volume of requests increases.

Note:

See our state-by-state guidance with the article, Leveraging Privacy Rights Automation for US Privacy Law.

Consent & Preferences (CMP)

With OneTrust’s Consent and Preference Management solution, organizations can create customized and engaging forms to capture zero- and first-party data, centrally collect and store this data, and honor consent and preferences across the business –– all while maintaining compliance with global regulations.

This future-proof strategy allows organizations to combine consent receipts, marketing preferences, and first-party data into a competitive advantage by providing personalization while proving they respect privacy. OneTrust is here to help companies increase return on marketing investment by streamlining the capture of first-party data and delivering powerful, privacy-centric campaigns.

State

Framework

Guidance

California

Consumer Privacy Act (as amended by CPRA)

Available in the OneTrust application.

Learn more here.

Colorado

Privacy Act (COPA)

Available in the OneTrust application.

Learn more here.

Connecticut

Data Privacy Act (CTDPA)

Available in the OneTrust application.

Learn more here.

Delaware

Personal Data Privacy Act (DPDPA)

Coming soon!

This law goes into effect January 1, 2025.

Florida

Digital Bill of Rights (FLDBR)

Click here for configuration guidance.

Indiana

Consumer Data Protection Act (INCDPA)

Coming soon!

This law goes into effect January 1, 2026.

Iowa

Consumer Data Protection Act (IACDPA)

Coming soon!

This law goes into effect January 1, 2025.

Kentucky

Consumer Data Protection Act (KCDPA)

Coming soon!

This law goes into effect January 1, 2026.

Montana

Consumer Data Privacy Act (MTCDPA)

Click here for configuration guidance.

Nevada

Nevada SB370

Click here for configuration guidance.

New Hampshire

Privacy Act (NHPA)

Coming soon!

New Jersey

Privacy Act (NJPA)

Coming soon!

Oregon

Consumer Privacy Act (ORCPA)

Click here for configuration guidance.

Tennessee

Information Protection Act (TNIPA)

Coming soon!

Texas

Data Privacy and Security Act (TXDPSA)

Click here for configuration guidance.

Utah

Consumer Privacy Act (UTCPA)

Available in the OneTrust application.

Learn more here.

Virginia

Consumer Data Privacy Act (VACDPA)

Available in the OneTrust application.

Learn more here.

Washington

My Health My Data Act (WAMWMDA)

Click here for configuration guidance.

Privacy Risk Assessments & Data Mapping

Increasing personal data collection, frequent breaches, and cross-border data transfers continue to drive complexity across global privacy regulations. Regulations including the GDPR and CPRA, require organizations to perform privacy impact, transfer impact, legitimate interest, and other types of assessments to understand the risks of their personal data use. Moreover, privacy risk assessments serve as a foundational component for privacy programs to enable audit readiness, accelerate certifications, and provide supporting documentation for regulators and other stakeholders. Mitigating privacy risk without automation and a dedicated tool, these assessments are time-intensive and nearly impossible to perform at scale.

OneTrust PIA & DPIA Automation enables organizations to consolidate information from internal and external stakeholders to gain both a technical and contextual understanding of how data is collected, the purpose for which it’s being used, where the data is located, and what protections are in place.

OneTrust Data Mapping Automation creates a thorough map of your IT assets, processing activities, vendors, the relationships between them, and how personal data is processed within each. The map is automatically generated through AI-driven data discovery and classification, which surfaces both the business and regulatory context of the data and is supplemented through assessments and input from business subject matter experts. This enables automated risk flagging, policy enforcement, compliance reporting, and visualizations to drive privacy compliance and automated data governance.

Both implementations use the same OnePIA template. Data Mapping will also leverage OneVendor templates to support Third-Party Risk use cases.

Third-Party Risk

Due to increasing pressure from regulatory authorities to track cross-border data transfers, mapping your data flows (and knowing the vendors involved) is an integral piece of the privacy compliance puzzle. With an ever-increasing reliance on third parties to perform critical business functions, organizations must track which vendors they work with, where those vendors operate, what data those vendors have access too, and whether those vendors have adequate privacy safeguards in place.

OneTrust’s Third-Party Risk Management module helps streamline the third-party risk management life cycle from onboarding to offboarding. The module enables a risk-based approach to TPRM to help eliminate manual work by providing out-of-the-box templates for common privacy and security frameworks, supporting data-driven automation across the third-party lifecycle, and providing flexible, user-configurable workflows that can be easily tailored to fit the unique needs of your organization.

Note:

See our state-by-state guidance with the article, Privacy Notices.

Incident Management

OneTrust Privacy Incident Management centrally manages incidents, automates tasks, and keeps records for compliance and notification, helping comply with global laws. Bridge the gap between privacy and security by automating incident notification and storing the audit trails needed for compliance. OneTrust also mitigates future risk and improves workflows by initiating a root-cause analysis to identify outstanding system and application-level threats and find opportunities to refine the notification process.

Note:

See our state-by-state guidance with the article, Leveraging Incident Management for US Privacy Law.

State

Framework

California

Consumer Privacy Act Breach

Data Breach

Colorado

Data Breach

Connecticut

Data Breach

Delaware

Data Breach

Florida

Data Breach

Indiana

Data Breach

Iowa

Data Breach

Kentucky

Data Breach

Maryland

Data Breach

Montana

Data Breach

Nebraska

Data Breach

New Hampshire

Data Breach

New Jersey

Data Breach

Nevada

Data Breach

Oregon

Data Breach

Tennessee

Data Breach

Texas

Data Breach

Utah

Data Breach

Virginia

Data Breach

Washington

Data Breach

Privacy Notices

Companies need to be able to identify web forms, policies and disclosures that exist across their digital properties and update and publish them within specific time periods to adhere to the range of global privacy regulations. The Privacy Notice Management solution simplifies the complex process of creating, updating, and monitoring policies across websites and applications into one central location while eliminating the need for complex development work.

Note:

See our state-by-state guidance with the article, Leveraging Privacy Notice Management for US Privacy Law.