As we enter a new year, the patchwork of US privacy laws continues to expand and become more complex. With the change in control of the White House and Congress, the prospects for a federal privacy law have grown even less likely. State legislatures have been actively considering and adopting privacy laws, and we expect that activity will increase. Over the course of 2025, eight new state consumer privacy laws will take effect. Laws in four states—Delaware, Iowa, Nebraska, and New Hampshire—will take effect on January 1, and a law in New Jersey will take effect on January 15. Laws in Tennessee and Minnesota will take effect in July, and a law in Maryland will take effect in October. We offer an overview of some key similarities and differences between these laws and what they mean for privacy compliance in the United States.
The 2025 laws largely align with existing privacy frameworks and will look familiar to businesses that already comply with the consumer privacy laws in states such as California, Connecticut, Colorado, Texas, or Virginia. The new laws require businesses to maintain privacy notices, have written contracts with third-party processors, observe data minimization principles, and implement security measures to safeguard personal data. Consumers in these states will also have the right to access, obtain copies of, and delete their personal data, as well as to opt out of targeted advertising and the sale of their personal data. These new laws, except for Iowa’s, also allow consumers to request corrections of their personal data and opt out of certain profiling in furtherance of automated decisions. Processing sensitive personal data will require prior opt-in consent, except in Iowa, where the law requires notice and an opportunity to opt out.
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