Cybersecurity

US State Data Privacy Laws: The 2026 Guide to Every Comprehensive Law

Every comprehensive US state consumer privacy law in effect or enacted as of October 2026, with effective dates, thresholds, key rights and official sources.

Quick answer

As of October 2026, 23 states have comprehensive consumer privacy laws. 19 are already in effect, from California's CCPA/CPRA and Virginia's VCDPA to Indiana, Kentucky and Rhode Island (January 1, 2026). Oklahoma and Louisiana start January 1, 2027, Alabama May 1, 2027 and Vermont January 1, 2028. Most give rights to access, delete and opt out.

US State Data Privacy Laws: The 2026 Guide to Every Comprehensive Law

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There is still no federal consumer privacy law in the US, so if you collect customer data online, the rules you follow depend on where your customers live. A business in Ohio that sells to customers in Texas, Oregon and New Jersey can be subject to 3 state laws without having an office in any of them.

The good news: most state laws follow a similar model, so one well-built program can cover most of them. This guide lists every comprehensive state privacy law in effect or enacted as of October 2026, with effective dates, thresholds, key rights and official sources.

This is not legal advice. Confirm details with the official source and your own counsel.

The quick picture: 23 states and counting

As of October 2026, 23 states have enacted comprehensive consumer privacy laws:

  • 19 in effect: California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Iowa, Delaware, Nebraska, New Hampshire, New Jersey, Tennessee, Minnesota, Maryland, Indiana, Kentucky and Rhode Island.
  • 4 enacted in 2026 and not yet in effect: Oklahoma and Louisiana (January 1, 2027), Alabama (May 1, 2027) and Vermont (January 1, 2028).

Florida’s Digital Bill of Rights is often left off these lists because it applies only to companies with more than $1 billion in global revenue. Bills in Massachusetts and Pennsylvania advanced in 2026 but had not been signed in the latest records we checked.

Most of these laws also require “reasonable” data security; our zero trust security guide covers one common approach.

Rights and thresholds most laws share

Consumer rights

Outside California, nearly every law follows the Virginia model of controllers (businesses that decide how data is used) and processors (vendors acting for them). Consumers typically get the right to:

  • Confirm and access the personal data a business holds about them.
  • Correct inaccurate data (Iowa is a notable exception).
  • Delete their personal data.
  • Port a copy of their data in a usable format.
  • Opt out of targeted advertising, the sale of personal data and profiling used for significant decisions.
  • Appeal a denied request, then complain to the attorney general.

Businesses typically must answer requests within 45 days, publish a privacy notice, get opt-in consent for sensitive data (health, precise location, biometrics, children’s data), run data protection assessments for high-risk processing and sign processor contracts. The state attorney general enforces, usually with no private right of action.

A growing group of states, including California, Colorado, Connecticut and Oregon, also requires businesses to honor universal opt-out signals such as Global Privacy Control. Colorado has required it since July 1, 2024.

Key takeaway: Build your program to the strictest common denominator: honor opt-out signals, get opt-in consent for sensitive data, answer requests within 45 days and document risk assessments. That covers most state laws at once.

Who has to comply

Most laws apply only once you cross a threshold, counted in residents of that state, usually over the prior calendar year:

  • 100,000 / 25,000 model: You process data of at least 100,000 state residents, or at least 25,000 and earn a set share of revenue from selling personal data. Virginia, Indiana, Kentucky, Iowa and Oklahoma use 50% as the share, Oregon and Minnesota 25%, and Colorado and New Jersey cover any revenue or discount from sales.
  • Lower 35,000 model: Delaware, New Hampshire, Rhode Island, Maryland and Vermont start at 35,000 consumers, with a 10,000 tier for data sellers (Vermont uses 3,000 for sensitive data or data sales). Montana now starts at 25,000 and Alabama at more than 25,000.
  • Revenue tests: Utah and Tennessee require more than $25 million in revenue plus a consumer-count test. Louisiana covers more than $25 million in revenue, 75,000 consumers, or 50% of revenue from data sales.
  • No volume test: Texas and Nebraska apply to businesses that are not small businesses as defined by the US Small Business Administration, and even small businesses there need consent before selling sensitive data.
  • Connecticut’s broad reach: Since July 1, 2026, Connecticut applies at 35,000 consumers and to anyone who processes sensitive data or sells personal data, regardless of volume.

Almost all exempt HIPAA- and Gramm-Leach-Bliley-covered data in some form. Many exempt nonprofits, though Oregon, Colorado, Delaware and Minnesota cover them.

California CCPA/CPRA: the outlier

The California Consumer Privacy Act took effect January 1, 2020, and the California Privacy Rights Act amendments January 1, 2023. Key differences:

  • Thresholds: It applies to for-profit businesses doing business in California with annual gross revenue above $26,625,000 (adjusted January 1, 2025), or that buy, sell or share personal information of 100,000 or more consumers or households, or that earn at least 50% of revenue from selling or sharing it.
  • Broader coverage: It covers employee and business-to-business data, not just consumers.
  • Rights: Know and access, delete, correct, opt out of sale and “sharing” for cross-context behavioral advertising, limit use of sensitive personal information, and non-retaliation.
  • Enforcement: The California Privacy Protection Agency (CalPrivacy) and the Attorney General. Consumers have a private right of action only for certain data breaches.
  • New regulations: Rules effective January 1, 2026 add risk assessments, cybersecurity audits phased in from 2028 by revenue, and automated decisionmaking technology (ADMT) rules from January 1, 2027.
  • Data brokers: Under the Delete Act, registered data brokers had to start processing deletion requests from the state’s DROP platform on August 1, 2026.

The early adopters: Virginia, Colorado, Connecticut, Utah and Texas

  • Virginia Consumer Data Protection Act (VCDPA): Effective January 1, 2023. The template for most other states. 100,000 consumers, or 25,000 with more than 50% of revenue from data sales. A 30-day cure period still applies.
  • Colorado Privacy Act (CPA): Effective July 1, 2023. Detailed Attorney General rules, required universal opt-out recognition, and enforcement by the AG and district attorneys. Colorado also has the ADMT law covered in our state AI laws guide.
  • Connecticut Data Privacy Act (CTDPA): Effective July 1, 2023, with major amendments effective July 1, 2026 that lowered thresholds, broadened sensitive data and expanded protections for minors under 18.
  • Utah Consumer Privacy Act (UCPA): Effective December 31, 2023. The most business-friendly law, with a $25 million revenue requirement. A right to correct was added effective July 1, 2026.
  • Texas Data Privacy and Security Act (TDPSA): Effective July 1, 2024. No volume threshold, exclusive AG enforcement, a 30-day cure period and penalties up to $7,500 per violation.

The 2024 to 2026 wave

  • Oregon: Effective July 1, 2024, and for nonprofits July 1, 2025. Gives consumers the right to get a list of specific third parties that received their data.
  • Montana: Effective October 1, 2024. 2025 amendments effective October 1, 2025 lowered thresholds to 25,000 consumers (15,000 with over 25% of revenue from sales) and removed the cure period.
  • Iowa: Effective January 1, 2025. No correction or profiling opt-out rights, and a 90-day cure period.
  • Delaware, Nebraska and New Hampshire: All effective January 1, 2025. Delaware covers most nonprofits; Nebraska uses the Texas-style SBA test.
  • New Jersey: Effective January 15, 2025. Covers nonprofits, with rules from the Division of Consumer Affairs.
  • Tennessee Information Protection Act: Effective July 1, 2025. More than $25 million in revenue plus 175,000 consumers (or 25,000 with over 50% of revenue from sales). Offers an affirmative defense for following the NIST Privacy Framework.
  • Minnesota: Effective July 31, 2025. Adds a right to question the result of profiling and requires a data inventory.
  • Maryland Online Data Privacy Act: Effective October 1, 2025. The strictest data minimization rule outside California: collection must be reasonably necessary for the requested service, and sensitive data may be collected only when strictly necessary and never sold.
  • Indiana, Kentucky and Rhode Island: All effective January 1, 2026. Indiana and Kentucky follow the Virginia model; Rhode Island uses the 35,000 threshold and requires notice of the third parties data is sold to.

New laws arriving in 2027 and 2028

  • Oklahoma Consumer Data Privacy Act (SB 546): Approved March 20, 2026, effective January 1, 2027. Virginia-style: 100,000 consumers or 25,000 with over 50% of revenue from sales, a 30-day cure period and penalties up to $7,500 per violation.
  • Louisiana Data Privacy Act (SB 386, Act 502): Signed May 29, 2026, effective January 1, 2027. AG enforcement under the state’s unfair trade practices law, with a temporary cure period through July 31, 2027.
  • Alabama Personal Data Protection Act (HB 351): Signed April 2026, effective May 1, 2027. More than 25,000 consumers or over 25% of revenue from data sales, a 45-day cure period and penalties up to $15,000 per violation.
  • Vermont Data Privacy and Online Surveillance Act (S.71): Signed June 16, 2026, effective January 1, 2028. Low thresholds, data minimization, extra health data protections and a 60-day cure period through June 30, 2029.

Summary table of state privacy laws

State Law Effective date Thresholds (summary) Notable features Official source
California CCPA/CPRA Jan 1, 2020 (CPRA Jan 1, 2023) Over $26.625M revenue, 100,000 consumers, or 50% revenue from data Employee data, breach lawsuits, ADMT rules 2027 cppa.ca.gov
Virginia VCDPA Jan 1, 2023 100,000, or 25,000 + 50% Permanent 30-day cure law.lis.virginia.gov
Colorado CPA Jul 1, 2023 100,000, or 25,000 + any sale revenue Global Privacy Control required coag.gov
Connecticut CTDPA Jul 1, 2023 (amended Jul 1, 2026) 35,000, or any sensitive data or sales Strong minors’ protections portal.ct.gov
Utah UCPA Dec 31, 2023 Over $25M revenue + 100,000, or 25,000 + 50% Narrowest rights le.utah.gov
Texas TDPSA Jul 1, 2024 Not an SBA small business 30-day cure, $7,500 penalties texasattorneygeneral.gov
Oregon OCPA Jul 1, 2024 100,000, or 25,000 + 25% Covers nonprofits doj.state.or.us
Montana MCDPA Oct 1, 2024 25,000, or 15,000 + 25% No cure period since 2025 dojmt.gov
Iowa ICDPA Jan 1, 2025 100,000, or 25,000 + 50% 90-day cure, no correction right legis.iowa.gov
Delaware DPDPA Jan 1, 2025 35,000, or 10,000 + 20% Covers most nonprofits attorneygeneral.delaware.gov
Nebraska NDPA Jan 1, 2025 Not an SBA small business 30-day cure protectthegoodlife.nebraska.gov
New Hampshire NHDPA Jan 1, 2025 35,000, or 10,000 + 25% AG-only enforcement doj.nh.gov
New Jersey NJDPA Jan 15, 2025 100,000, or 25,000 + any sale revenue Division of Consumer Affairs rules njconsumeraffairs.gov
Tennessee TIPA Jul 1, 2025 Over $25M revenue + 175,000, or 25,000 + 50% NIST Privacy Framework defense tn.gov
Minnesota MCDPA Jul 31, 2025 100,000, or 25,000 + 25% Right to question profiling ag.state.mn.us
Maryland MODPA Oct 1, 2025 35,000, or 10,000 + 20% Strict data minimization mgaleg.maryland.gov
Indiana ICDPA Jan 1, 2026 100,000, or 25,000 + 50% Virginia model in.gov
Kentucky KCDPA Jan 1, 2026 100,000, or 25,000 + 50% 30-day cure ag.ky.gov
Rhode Island RIDTPPA Jan 1, 2026 35,000, or 10,000 + 20% Third-party sale disclosures rilegislature.gov
Oklahoma SB 546 Jan 1, 2027 100,000, or 25,000 + 50% 30-day cure oklegislature.gov
Louisiana LDPA (SB 386) Jan 1, 2027 Over $25M revenue, 75,000, or 50% Temporary cure to Jul 31, 2027 legis.la.gov
Alabama APDPA (HB 351) May 1, 2027 Over 25,000, or over 25% Penalties up to $15,000 alison.legislature.state.al.us
Vermont VDPOSA (S.71) Jan 1, 2028 35,000, or 3,000 for sensitive data or sales Health data limits legislature.vermont.gov

Where to start: 6 steps to compliance

  1. Map your data and your customers. List what personal data you collect, where it lives, who you share it with and how many residents of each state are in your records. That tells you which thresholds you cross.
  2. Find your sales and targeted ads. Third-party ad pixels and data sharing often count as a “sale” or “sharing.” These trigger opt-out duties in every state.
  3. Fix the front door. Update your privacy notice, add a “Do Not Sell or Share” or opt-out link, honor Global Privacy Control signals and set up at least 2 ways to submit requests.
  4. Get consent for sensitive data. Audit forms, apps and analytics for health, location, biometric and children’s data, and add opt-in consent where required. Maryland bans selling sensitive data outright.
  5. Run assessments and sign processor contracts. Document data protection assessments for targeted advertising, sales, sensitive data and profiling, and make sure every vendor contract has the required privacy terms.
  6. Pair privacy with security evidence. Most laws require reasonable security. An independent report such as SOC 2 helps prove it to customers; our SOC 2 compliance guide explains how. Need definitions for terms like “controller” or “processor”? Try our tech glossary.

The bottom line

State privacy law is no longer a California-only problem. With 19 laws in effect and 4 more coming by 2028, most businesses selling online across state lines will cross at least one threshold. A single program built on data mapping, opt-outs, sensitive data consent, assessments and vendor contracts covers most of them. Mark January 1, 2027, when Oklahoma and Louisiana take effect and California’s ADMT rules begin. This is not legal advice.

Sources

Questions readers ask

Frequently asked questions

How many states have data privacy laws in 2026?

23 states have enacted comprehensive consumer privacy laws as of October 2026, and 19 of them are in effect. Oklahoma, Louisiana, Alabama and Vermont passed laws in 2026 that take effect between January 1, 2027 and January 1, 2028. Florida also has a narrower law that applies only to companies with more than $1 billion in global revenue, so some trackers count it separately.

Does my small business need to comply with state privacy laws?

Often no, but check each state. Most laws apply only if you process data of a minimum number of state residents, commonly 100,000, or 35,000 in states like Connecticut, Delaware and Maryland. Texas and Nebraska use the SBA small-business test instead, and even small businesses there must get consent before selling sensitive data. California also covers businesses above about $26.6 million in revenue.

What is the difference between CCPA and CPRA?

The CPRA is an amendment to the CCPA, not a separate law. Voters approved it in 2020, and it took effect January 1, 2023. It added the right to correct, the right to limit use of sensitive personal information, opt-outs for "sharing" data for targeted ads, and created the California Privacy Protection Agency to enforce the law alongside the Attorney General.

Which state has the strictest privacy law?

California is the broadest because it covers employee and business data and has its own enforcement agency. Maryland has the strictest data minimization rules and bans the sale of sensitive data. Connecticut now applies to any business that processes sensitive data, regardless of volume. Vermont's 2026 law will join this group when it takes effect January 1, 2028.

Can consumers sue under state privacy laws?

Generally no. Almost every comprehensive state privacy law is enforced only by the state attorney general, sometimes with a notice-and-cure period first. California is the main exception: consumers can sue over certain data breaches caused by a failure to maintain reasonable security. Other state laws, such as biometric or health data laws, may allow lawsuits separately.

Do I have to honor Global Privacy Control?

In a growing number of states, yes. California, Colorado, Connecticut, Oregon and several others require businesses covered by their laws to treat universal opt-out signals such as Global Privacy Control as valid opt-out requests. Colorado has required it since July 1, 2024, and Oregon since January 1, 2026. Honoring it everywhere is the simplest approach.

Is there a federal privacy law in the US?

Not a comprehensive one. Congress has debated federal privacy bills for years without passing one, so state laws fill the gap. Federal laws do cover specific sectors and data types, such as HIPAA for health information, the Gramm-Leach-Bliley Act for financial data and COPPA for children under 13. Most state laws exempt data already covered by those federal rules.

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Manishdai
Written by

Manishdai

Manishdai writes about the technology that is reshaping every industry — from AI agents and cloud platforms to healthtech, fintech and the IT companies building it all across the United States.