Skip to content
Scan your site free

KENTUCKY / KCDPA

IN FORCE

Kentucky Consumer Data Protection Act (KCDPA) Reference Guide

Kentucky residents can direct a covered controller to stop targeted advertising, personal-data sales and certain profiling. The website implementation has to carry that choice through every affected tag and vendor route.

The KCDPA took effect January 1, 2026. This guide separates observable website behavior from the legal work of deciding coverage, exemptions and how a particular data flow should be classified.

What is the Kentucky Consumer Data Protection Act?

The Kentucky Consumer Data Protection Act (KCDPA), codified at KRS 367.3611 through 367.3629, took effect January 1, 2026. It gives qualifying Kentucky residents access, correction, deletion, portability and opt-out rights while imposing notice, security, consent, processor-contract and assessment duties on covered controllers. Kentucky General Assembly: current KRS chapter 367 Kentucky Attorney General: Office of Data Privacy

A website scan can document cookies, scripts and requests after a privacy choice. It cannot establish by itself whether an organization crosses a statutory threshold, qualifies for an exemption or transfers data in a way that meets a legal definition. KRS 367.3613: scope and exemptions

Kentucky privacy law at a glance

FieldKentucky rule
LawKentucky Consumer Data Protection Act (KCDPA), KRS 367.3611–367.3629
StatusIn force since January 1, 2026
Threshold A100,000 or more Kentucky consumers’ personal data in a calendar year
Threshold BAt least 25,000 consumers and more than 50% of gross revenue from personal-data sales
ConsumerKentucky resident acting in an individual context; commercial and employment contexts are excluded
Sale definitionExchange of personal data for monetary consideration, subject to statutory exclusions
Opt-out rightsTargeted advertising, sale, and profiling producing legal or similarly significant effects
Universal browser signalNo express universal GPC recognition mandate in the current statute
Sensitive dataConsent required before processing; known-child data is handled under COPPA
Request timing45 days; one justified 45-day extension; appeal response within 60 days
EnforcementKentucky Attorney General; written notice and 30-day cure process
Civil penaltyUp to $7,500 per continued violation after the statutory process
Future changeAutomatic content recognition provisions take effect July 1, 2027
KCDPA key law facts
Law
Kentucky Consumer Data Protection Act (KCDPA), KRS 367.3611–367.3629
Status
In force since January 1, 2026
Threshold A
100,000 or more Kentucky consumers’ personal data in a calendar year
Threshold B
At least 25,000 consumers and more than 50% of gross revenue from personal-data sales
Consumer
Kentucky resident acting in an individual context; commercial and employment contexts are excluded
Sale definition
Exchange of personal data for monetary consideration, subject to statutory exclusions
Opt-out rights
Targeted advertising, sale, and profiling producing legal or similarly significant effects
Universal browser signal
No express universal GPC recognition mandate in the current statute
Sensitive data
Consent required before processing; known-child data is handled under COPPA
Request timing
45 days; one justified 45-day extension; appeal response within 60 days
Enforcement
Kentucky Attorney General; written notice and 30-day cure process
Civil penalty
Up to $7,500 per continued violation after the statutory process
Future change
Automatic content recognition provisions take effect July 1, 2027

The threshold routes are alternatives. Observing an advertising request does not by itself prove a statutory sale for monetary consideration.

01 / APPLICABILITY

Coverage turns on annual consumer volume and a revenue test.

The KCDPA applies to a person conducting business in Kentucky or producing products or services targeted to residents that, during a calendar year, controls or processes personal data of at least 100,000 consumers. The alternative route is at least 25,000 consumers plus more than 50% of gross revenue from personal-data sales. KRS 367.3613: applicability thresholds

The statute excludes multiple entities and data categories, including specified governmental, financial, health, nonprofit and higher-education contexts. “Consumer” means a Kentucky resident acting in an individual context, not a commercial or employment context. KRS 367.3611: definitions KRS 367.3613: exemptions

Traffic volume is not the statutory calculation

Analytics visits can help estimate operational reach, but they do not establish the number of statutory consumers or the percentage of gross revenue derived from sales.

02 / RIGHTS AND DUTIES

Residents receive access rights and three purpose-based opt-outs.

A Kentucky consumer may confirm processing, access personal data, correct inaccuracies, delete eligible data, obtain a portable copy and opt out of targeted advertising, sale and profiling used for decisions with legal or similarly significant effects. A controller generally has 45 days to respond, may take one justified 45-day extension, and must answer an appeal within 60 days. KRS 367.3615: consumer rights and timing

Controllers must limit collection to what is adequate, relevant and reasonably necessary, maintain reasonable security, give a reasonably accessible privacy notice, provide secure request methods and obtain consent before processing sensitive data. Known-child data is addressed through COPPA requirements. KRS 367.3617: controller duties

Resident rights

  • Confirm and access eligible data
  • Correct and delete eligible data
  • Receive data in portable form
  • Opt out of targeted advertising
  • Opt out of sale and qualifying profiling

Controller duties

  • Explain processing and request methods
  • Apply approved choices to relevant uses
  • Obtain sensitive-data consent
  • Secure data and govern processors
  • Assess specified higher-risk activities
45 DAYS

Initial rights-request response

+45 DAYS

One justified extension with notice

60 DAYS

Appeal response

KRS 367.3615: request procedure

03 / WEBSITE TRACKING

Targeted advertising and sale require different legal questions.

Kentucky defines sale as an exchange of personal data for monetary consideration, with exclusions for processors, affiliates, consumer-directed disclosures and other listed circumstances. Targeted advertising is a separate category with its own exclusions. A marketing request can therefore require targeted-advertising review even if it is not a statutory sale. KRS 367.3611: sale and targeted-advertising definitions

Create an inventory of every client-side and server-side destination, the data sent, the recipient and the stated purpose. Then compare that inventory with the behavior observed after the site’s Kentucky opt-out route is used.

Test the decision, not just the banner

  1. Inventory tags, cookies, pixels and server-side routes.

  2. Classify each purpose and recipient with counsel.

  3. Submit the site’s actual opt-out method.

  4. Observe network and storage behavior afterward.

  5. Repair any rule that fails to carry the approved choice.

  6. Retest and preserve before-and-after evidence.

04 / OPT-OUT SIGNALS

Run the direct Kentucky request separately from GPC.

The current KCDPA requires a secure and reliable way for consumers to exercise statutory rights, but it does not expressly mandate recognition of a universal GPC browser signal as every Kentucky opt-out. Other state laws or a company’s shared privacy architecture may still make GPC operationally relevant. KRS 367.3615: exercise of rights KRS 367.3617: request methods and notice

Test consent rejection and GPC in separate browser sessions, then compare the results. Kentucky-specific evidence should also include the website’s direct consumer opt-out path and the resulting behavior of classified advertising, sale and profiling flows.

  1. Kentucky consumer submits a choice
  2. Site records the request
  3. Relevant tags and vendors receive it
  4. Classified flows respond
  5. Post-choice traffic is verified

Evidence to preserve

  • The request route shown to the visitor
  • The time and choice state recorded
  • Which client-side and server-side controls received it
  • Requests and cookies observed after submission
  • The legal purpose assigned to each continued flow

05 / ENFORCEMENT

The Attorney General controls KCDPA enforcement.

The Kentucky Attorney General has exclusive enforcement authority. Before initiating an action, the Attorney General must provide written notice identifying alleged violations and allow 30 days to cure. A controller that timely cures and provides the required assurance avoids an action for damages on the noticed violation; a continued violation can carry up to $7,500 per violation. The KCDPA itself creates no private right of action. KRS 367.3627: enforcement and cure

  1. April 2024

    Kentucky enacted the KCDPA. KRS 367.3611–367.3629

  2. January 1, 2026

    The KCDPA took effect. Kentucky Attorney General: Office of Data Privacy

  3. After written notice

    The statutory 30-day cure process applies before a qualifying enforcement action. KRS 367.3627

06 / PREPARATION

Make the legal data map executable across the stack.

Counsel determines whether the organization and a particular use fall within the KCDPA. Product, marketing and engineering teams then translate those decisions into controls that reach consent tooling, hard-coded scripts, tag managers and downstream systems.

Legal and privacy scope

  • Thresholds, exemptions and consumer status
  • Sale, targeted-advertising and profiling classification
  • Sensitive data and children
  • Notices, requests, assessments and contracts
  • Governance and enforcement readiness

Your technical team’s scope

  • Discover scripts, cookies and platforms like Google Ads and Meta
  • Test direct opt-out and GPC behavior
  • Check hard-coded and Tag Manager paths
  • Implement approved suppression rules
  • Retest observable outcomes

A practical Kentucky sequence

  1. Confirm coverage and relevant exemptions.

  2. Map data, purpose and recipient for each route.

  3. Identify which flows each approved opt-out must change.

  4. Propagate the choice across browser and server controls.

  5. Observe traffic after the request.

  6. Repair and verify mismatches.

07 / TECHNICAL VERIFICATION

How to document website tracking behavior.

Use separate browser sessions to compare the site’s initial behavior, its response to a direct opt-out, and its response to Global Privacy Control where relevant to your review. Record the page URL, test time, browser settings and exact choice made so the result can be reproduced.

Inspect cookies and network requests before and after each choice. Record which requests continue, their destinations and the controls involved. Browser evidence can help diagnose an implementation; it cannot establish statutory applicability, the legal purpose of every transfer or organization-wide compliance.

01

Choice evidence

Consent state and the direct Kentucky request path tested.

02

Traffic evidence

Scripts, storage and platforms like Google Ads and Meta observed afterward.

03

Purpose context

Recipient and processing purpose supplied for legal review.

04

Repair evidence

Before-and-after results following a control change.

09 / FAQ

Kentucky privacy law questions.

When did the Kentucky Consumer Data Protection Act take effect?

January 1, 2026. The current law is codified at KRS 367.3611 through 367.3629. Kentucky General Assembly: chapter 367

Which organizations are covered by Kentucky’s law?

In general, organizations doing business in Kentucky or targeting residents that process at least 100,000 consumers’ data in a calendar year, or at least 25,000 plus more than 50% of gross revenue from data sales, subject to exemptions. KRS 367.3613

What can Kentucky residents opt out of?

Targeted advertising, personal-data sales and profiling used for decisions with legal or similarly significant effects. KRS 367.3615

Does Kentucky require Global Privacy Control recognition?

The current KCDPA does not expressly impose a universal GPC browser-signal mandate. Covered controllers must provide a secure and reliable way to exercise the statute’s rights. KRS 367.3615–367.3617

How does Kentucky define a sale of personal data?

The current definition concerns exchange of personal data for monetary consideration and includes several exclusions. Targeted advertising is analyzed separately. KRS 367.3611

Does Kentucky require consent for sensitive data?

Yes. A controller must obtain consent before processing sensitive data, with known-child data handled under COPPA. KRS 367.3617

How long may a Kentucky rights request take?

Generally 45 days, with one justified 45-day extension after timely notice. A controller must answer an appeal within 60 days. KRS 367.3615

What is Kentucky’s cure period?

The Attorney General must give written notice and 30 days to cure before a qualifying enforcement action. Continued violations can be subject to statutory remedies. KRS 367.3627

What changes in Kentucky on July 1, 2027?

Future amendments add rules for automatic content recognition data associated with smart televisions and monitors, including consent before collection. Those provisions are not yet in force. Future KRS 367.3611 text Future KRS 367.3617 text

Does a website scan report guarantee full Kentucky compliance?

No. It documents technical behavior under specified test conditions and does not determine the organization’s complete legal obligations.

10 / PRIMARY SOURCES

Sources and editorial method.

This guide relies on the Kentucky General Assembly’s current statute pages and the Kentucky Attorney General’s Office of Data Privacy. The July 1, 2027 amendment is identified separately so a future requirement is not presented as current law.

  1. KRS chapter 367: current codification
  2. KRS 367.3611: current definitions
  3. KRS 367.3613: scope and exemptions
  4. KRS 367.3615: consumer rights
  5. KRS 367.3617: controller duties
  6. KRS 367.3627: enforcement
  7. Kentucky Attorney General: Office of Data Privacy
  8. Future definitions effective July 1, 2027
  9. Future duties effective July 1, 2027

Prepared by Etalon Editorial Team. Last reviewed September 27, 2026. Material corrections may be sent to contact@etalondata.com.

11 / SCOPE AND RESPONSIBILITY

A technical scan has defined limits.

Etalon is not a law firm and does not provide legal advice. A passing scan or certificate does not guarantee that an organization satisfies every legal obligation.

Technical testing records observable website behavior. Your legal and privacy team remains responsible for coverage, exemptions, classification, notices, requests, sensitive data, contracts and governance.

OPTIONAL SUPPORTING TOOL

Using Spectra in a technical review

Etalon Spectra compares network requests and cookies across isolated consent states to identify tracking that continues after a visitor opts out.

It can support the evidence-gathering process described in this guide. Findings describe tested website behavior and do not determine whether an organization complies with the law.