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NEW HAMPSHIRE / NHDPA

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New Hampshire Data Privacy Act (NHDPA) Reference Guide

New Hampshire’s comprehensive privacy law applies at a 35,000-consumer threshold or a lower sale-and-revenue threshold. Covered controllers must provide a direct opt-out link and honor qualifying opt-out preference signals for targeted advertising and personal-data sales.

The NHDPA took effect January 1, 2025. Its guaranteed 60-day cure opportunity ended after 2025; from January 1, 2026, a cure opportunity is discretionary and depends on statutory factors. A separate child-data sale prohibition is enacted for January 1, 2027.

What is the New Hampshire Data Privacy Act?

The New Hampshire Data Privacy Act (NHDPA), RSA chapter 507-H, gives residents rights to access, correct, delete and obtain eligible personal data and to opt out of targeted advertising, personal-data sales and qualifying profiling. New Hampshire RSA chapter 507-H New Hampshire DOJ: data privacy enforcement

The law also requires covered controllers to publish specified notice information, obtain consent before processing sensitive data, recognize qualifying opt-out preference signals and assess heightened-risk processing. A technical scan can verify observable website behavior; counsel must decide coverage, exemptions and legal classifications. RSA 507-H:6: controller responsibilities

New Hampshire privacy law at a glance

FieldNew Hampshire rule
LawNew Hampshire Data Privacy Act (NHDPA), RSA chapter 507-H
StatusIn force since January 1, 2025
Threshold A35,000 unique consumers in one year, excluding data processed solely to complete payment transactions
Threshold B10,000 unique consumers and more than 25% of gross revenue from personal-data sales
Sale definitionExchange for monetary or other valuable consideration, subject to exclusions
Opt-out rightsTargeted advertising, sale, and solely automated significant-decision profiling
Preference signalQualifying opt-out preference signals required for targeted advertising and sale
Sensitive dataConsent required; known-child data is sensitive data
Request timing45 days; one 45-day extension; appeals decided within 60 days
AssessmentsRequired for targeted advertising, sale, sensitive data and specified high-risk profiling created after July 1, 2024
Cure periodSince January 1, 2026, a 60-day opportunity to cure is discretionary
EnforcementExclusive New Hampshire Attorney General authority; no private NHDPA right of action
Civil penaltyUp to $10,000 per violation under RSA 358-A:4
Future amendmentSale of a child’s personal data prohibited beginning January 1, 2027
NHDPA key law facts
Law
New Hampshire Data Privacy Act (NHDPA), RSA chapter 507-H
Status
In force since January 1, 2025
Threshold A
35,000 unique consumers in one year, excluding data processed solely to complete payment transactions
Threshold B
10,000 unique consumers and more than 25% of gross revenue from personal-data sales
Sale definition
Exchange for monetary or other valuable consideration, subject to exclusions
Opt-out rights
Targeted advertising, sale, and solely automated significant-decision profiling
Preference signal
Qualifying opt-out preference signals required for targeted advertising and sale
Sensitive data
Consent required; known-child data is sensitive data
Request timing
45 days; one 45-day extension; appeals decided within 60 days
Assessments
Required for targeted advertising, sale, sensitive data and specified high-risk profiling created after July 1, 2024
Cure period
Since January 1, 2026, a 60-day opportunity to cure is discretionary
Enforcement
Exclusive New Hampshire Attorney General authority; no private NHDPA right of action
Civil penalty
Up to $10,000 per violation under RSA 358-A:4
Future amendment
Sale of a child’s personal data prohibited beginning January 1, 2027

The 35,000-consumer threshold excludes data processed solely to complete payment transactions; that exclusion does not remove other data from the count.

01 / APPLICABILITY

Coverage uses a 35,000-consumer threshold or a smaller sale-based route.

The NHDPA applies to persons doing business in New Hampshire or producing products or services targeted to residents that, during a one-year period, control or process at least 35,000 unique consumers’ personal data, excluding data handled solely to complete a payment transaction. The alternative is at least 10,000 unique consumers plus more than 25% of gross revenue from personal-data sales. RSA 507-H:2: application

The chapter excludes specified state bodies, nonprofits, higher education, registered securities associations, GLBA financial institutions and data, and HIPAA covered entities and business associates. It separately exempts enumerated regulated data and employment-context information. RSA 507-H:3: exclusions

Count unique consumers, not visits

Analytics sessions, devices and cookie identifiers do not automatically equal the statute’s unique-consumer count. Legal and data teams should define a documented counting method tied to the data actually controlled or processed.

02 / RIGHTS AND DUTIES

Residents receive access, correction, deletion, portability and opt-out rights.

New Hampshire consumers may confirm processing and access personal data, correct inaccuracies, delete personal data, obtain eligible data in portable form, and opt out of targeted advertising, personal-data sales and qualifying solely automated profiling. RSA 507-H:4: consumer rights

Controllers generally must respond within 45 days, with one reasonably necessary 45-day extension. A refusal must explain the decision and appeal method; appeals must be decided within 60 days. RSA 507-H:4: request timing and appeals

Resident rights

  • Confirm and access eligible data
  • Correct inaccuracies
  • Delete data provided by or obtained about the consumer
  • Receive eligible data in portable form
  • Opt out of sale, targeted ads and qualifying profiling

Controller duties

  • Publish an accessible privacy notice
  • Provide secure request and appeal methods
  • Use reasonable security practices
  • Obtain sensitive-data consent
  • Document required assessments
45 DAYS

Initial rights-request response

+45 DAYS

One justified request extension

60 DAYS

Appeal response

RSA 507-H:4

03 / WEBSITE TRACKING

Valuable consideration and cross-site behavior drive classification.

New Hampshire defines sale as an exchange of personal data for monetary or other valuable consideration, subject to listed exclusions. Targeted advertising concerns ads selected using activity over time and across nonaffiliated sites or apps. RSA 507-H:1: definitions

A controller that sells personal data or processes it for targeted advertising must clearly disclose the processing and the opt-out method. The website must include a clear and conspicuous link to a page that enables the consumer or agent to opt out. RSA 507-H:6, IV–V

Test the whole route, not the banner alone

  1. Inventory scripts, cookies, pixels and server calls.

  2. Map recipients, purposes and consideration.

  3. Send the direct opt-out and a qualifying preference signal.

  4. Observe storage and requests after each choice.

  5. Repair controls that fail to propagate the choice.

  6. Retest and preserve evidence.

04 / OPT-OUT PREFERENCE SIGNALS

New Hampshire requires qualifying universal opt-out technology.

Covered controllers must allow consumers to opt out of targeted advertising and personal-data sales through a qualifying preference signal sent with the consumer’s consent. The mechanism must require an affirmative choice, be consumer-friendly, align with similar legal mechanisms and support residency and legitimacy determinations. RSA 507-H:6, V(a)(1)(B)

Consumers may also designate an authorized agent through technology such as a link, browser setting, browser extension or global device setting. Controllers must comply when they can verify the consumer and the agent’s authority with commercially reasonable effort. RSA 507-H:5: consumer agents

  1. New Hampshire consumer enables a signal
  2. Site detects the preference
  3. Residency and legitimacy conditions are evaluated
  4. Sale and targeted-ad flows respond
  5. Post-choice traffic is verified

Evidence to preserve

  • Preference-signal and direct-request states
  • Residency and agent verification logic
  • Client-side and server-side enforcement paths
  • Requests and storage observed afterward
  • Classification assigned to each surviving flow

05 / ENFORCEMENT

The guaranteed cure period has ended; current relief is discretionary.

The New Hampshire Attorney General has exclusive authority to enforce the NHDPA, and the chapter disclaims a private right of action. A violation is treated as an unfair or deceptive trade practice under RSA 358-A:2. RSA 507-H:11: enforcement

During 2025, the Attorney General had to offer a 60-day cure opportunity before initiating an action when a cure was possible. Beginning January 1, 2026, the Attorney General may offer that opportunity after considering factors including the number of violations, organization size and complexity, processing scope, likely public injury, safety, and whether human or technical error likely caused the violation. RSA 507-H:11, II–III

RSA 358-A:4 authorizes civil penalties up to $10,000 per violation, as well as court orders and restitution. RSA 358-A:4: administration and enforcement

  1. March 6, 2024

    Governor approved SB 255. SB 255 final version

  2. January 1, 2025

    The NHDPA took effect and the mandatory-if-possible 60-day cure period began. SB 255 effective date

  3. January 1, 2026

    Cure opportunities became discretionary under the statutory factors. RSA 507-H:11

  4. January 1, 2027

    The enacted prohibition on selling a child’s personal data takes effect. 2026 child-data amendment

06 / PREPARATION

Connect classifications and rights decisions to live controls.

Counsel determines coverage, exemptions, sale, targeted advertising, profiling, sensitive-data treatment and child-data obligations. Product and engineering teams implement those decisions across consent tools, hard-coded scripts, tag managers, APIs and downstream platforms.

Legal and privacy scope

  • Thresholds and exclusions
  • Sale and targeted-advertising classification
  • Sensitive data and children
  • Notices, appeals and assessments
  • Controller-processor contracts

Your technical team’s scope

  • Discover scripts, cookies and platforms like Google Ads and Meta
  • Test direct opt-out and GPC behavior
  • Check browser and server-side paths
  • Implement approved suppression rules
  • Retest and document observable outcomes

A practical New Hampshire sequence

  1. Confirm current coverage and exclusions.

  2. Map every data flow to purpose and recipient.

  3. Identify sale and targeted-advertising paths.

  4. Implement direct and preference-signal choices.

  5. Test browser and server-side behavior afterward.

  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

Signal evidence

GPC and consent-rejection state used in the run.

02

Traffic evidence

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

03

Purpose context

Recipient and use supplied for counsel’s classification.

04

Repair evidence

Before-and-after results following a control change.

09 / FAQ

New Hampshire privacy law questions.

When did the New Hampshire Data Privacy Act take effect?

The NHDPA took effect January 1, 2025. SB 255 final version

Which organizations are covered by New Hampshire’s law?

Generally, persons doing business in New Hampshire or targeting residents that process at least 35,000 unique consumers’ data, or 10,000 plus more than 25% of gross revenue from personal-data sales, subject to exclusions. RSA 507-H:2

Does New Hampshire require Global Privacy Control recognition?

New Hampshire requires covered controllers to honor qualifying opt-out preference signals for targeted advertising and sale. GPC is a relevant implementation test when it satisfies the statutory conditions. RSA 507-H:6, V

How does New Hampshire define sale?

Sale includes an exchange of personal data for monetary or other valuable consideration, subject to listed exclusions. RSA 507-H:1

What rights do New Hampshire consumers have?

Eligible consumers may access, correct, delete and port data and opt out of sale, targeted advertising and qualifying solely automated profiling. RSA 507-H:4

Does New Hampshire require sensitive-data consent?

Yes. Sensitive data includes specified traits, genetic or biometric identification data, known-child data and precise geolocation. RSA 507-H:1 and RSA 507-H:6

How long may a New Hampshire rights request take?

Generally 45 days, with one justified 45-day extension. Appeals must be decided within 60 days. RSA 507-H:4

Does New Hampshire require data protection assessments?

Yes for targeted advertising, sale, sensitive data and specified high-risk profiling. The assessment requirement applies to processing activities created or generated after July 1, 2024. RSA 507-H:8

Does New Hampshire still guarantee a cure period?

No. Since January 1, 2026, the Attorney General may offer a 60-day cure opportunity after considering statutory factors, but it is no longer guaranteed. RSA 507-H:11

Does a website scan report guarantee full New Hampshire compliance?

No. It documents technical behavior under stated test conditions and does not determine complete legal compliance.

10 / PRIMARY SOURCES

Sources and editorial method.

This guide relies on the current New Hampshire Revised Statutes, the final enacted text of SB 255, the Department of Justice data-privacy page and the enacted 2026 child-data amendment. The codified chapter reflects current law and labels the January 1, 2027 provision as future-effective.

  1. New Hampshire RSA chapter 507-H
  2. SB 255 final version
  3. RSA 507-H:1: definitions
  4. RSA 507-H:2: application
  5. RSA 507-H:3: exclusions
  6. RSA 507-H:4: consumer rights
  7. RSA 507-H:5: consumer agents
  8. RSA 507-H:6: controller responsibilities
  9. RSA 507-H:7: processor responsibilities
  10. RSA 507-H:8: assessments
  11. RSA 507-H:11: enforcement
  12. RSA 358-A:4: civil penalties
  13. New Hampshire DOJ: data privacy enforcement
  14. 2026 child-data amendment

Prepared by Etalon Editorial Team. Last reviewed September 28, 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, exclusions, classifications, notices, requests, sensitive data, children, contracts, assessments 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.