Lexington, December 23, 2025
Kentucky has officially enacted the Kentucky Consumer Data Protection Act (KCDPA), a significant legislation designed to enhance consumer data privacy rights for residents, effective January 2026. This law creates new rights for consumer data management and outlines obligations for businesses that handle personal information. As the local economy in Lexington further develops, the KCDPA provides a balanced framework that promotes consumer privacy while supporting business growth and innovation.
Lexington, Kentucky – New Consumer Data Privacy Law Enacted
Lexington, Kentucky – Kentucky has enacted a comprehensive consumer data privacy law, the Kentucky Consumer Data Protection Act (KCDPA), which will take effect on January 1, 2026. This legislation establishes new rights for residents and imposes obligations on businesses that collect personal information. The KCDPA is seen as a progressive step towards enhancing consumer privacy and balancing the need for businesses to thrive in a rapidly evolving digital landscape.
As Lexington continues to cultivate an environment ripe for entrepreneurship and innovation, the KCDPA could provide a framework that supports both privacy and economic growth. Local businesses will have an opportunity to adapt and thrive by employing best practices for data management.
Key Provisions of the KCDPA
The KCDPA applies to entities conducting business in Kentucky or targeting state residents, provided they meet one of the following criteria:
- Control or process personal data of at least 100,000 consumers annually.
- Control personal data of at least 25,000 consumers and derive more than 50% of gross revenue from the sale of that data.
Exemptions include nonprofit organizations, institutions of higher education, government entities, financial institutions, and entities subject to the Health Insurance Portability and Accountability Act (HIPAA).
Consumer Rights Under the KCDPA
The law grants Kentucky residents the following rights concerning their personal data:
- Access: Confirm whether a business is processing their personal data and obtain a copy of it.
- Correction: Rectify inaccuracies in their personal data.
- Deletion: Request the deletion of personal data provided by or obtained about them.
- Data Portability: Obtain a copy of their personal data in a portable and readily usable format.
- Opt-Out: Opt out of targeted advertising, the sale of personal data, and certain profiling activities.
Business Obligations and Enforcement
Businesses must provide accessible methods for consumers to submit requests without requiring new account creation. They have 45 days to respond to requests, with one possible 45-day extension, and must provide up to two free responses per year. The Kentucky Attorney General has exclusive authority to enforce the KCDPA and may seek damages of up to $7,500 per violation. A 30-day cure period is provided for organizations to address potential violations before enforcement actions are initiated.
Background and Implementation
Governor Andy Beshear signed the KCDPA into law on April 4, 2024. Modeled after Virginia’s privacy law, the act aligns with federal health privacy standards and reflects community input regarding consumer protections. The law’s effective date of January 1, 2026, offers businesses time to comply with its requirements, ensuring they can adapt their operations responsibly.
Key Features of the Kentucky Consumer Data Protection Act (KCDPA)
| Feature | Description |
|---|---|
| Effective Date | January 1, 2026 |
| Applicability | Entities conducting business in Kentucky or targeting state residents that control or process personal data of at least 100,000 consumers annually, or control personal data of at least 25,000 consumers and derive more than 50% of gross revenue from the sale of that data. |
| Exemptions | Nonprofit organizations, institutions of higher education, government entities, financial institutions, and entities subject to HIPAA. |
| Consumer Rights | Access, correction, deletion, data portability, and opt-out of targeted advertising, data sales, and certain profiling activities. |
| Business Obligations | Provide accessible methods for consumers to submit requests, respond within 45 days (with one possible 45-day extension), and provide up to two free responses per year. Conduct data protection impact assessments for certain high-risk data processing activities. |
| Enforcement | The Kentucky Attorney General has exclusive authority to enforce the KCDPA and may seek damages of up to $7,500 per violation. A 30-day cure period is provided for organizations to address potential violations before enforcement actions are initiated. |
Conclusion
The enactment of the KCDPA marks a significant milestone in Kentucky’s regulatory landscape, presenting new opportunities for local businesses to innovate while ensuring consumer privacy is safeguarded. As we move closer to the effective date, it will be essential for residents and businesses alike to engage with these changes proactively. Supporting local businesses and participating in community conversations about consumer rights will be crucial as Lexington adapts to this new legal framework.
Frequently Asked Questions (FAQ)
What is the Kentucky Consumer Data Protection Act (KCDPA)?
The KCDPA is a comprehensive consumer data privacy law enacted in Kentucky, effective January 1, 2026, establishing new rights for residents and obligations for businesses that collect personal information.
Who does the KCDPA apply to?
The KCDPA applies to entities conducting business in Kentucky or targeting state residents, provided they control or process personal data of at least 100,000 consumers annually, or control personal data of at least 25,000 consumers and derive more than 50% of gross revenue from the sale of that data.
What rights does the KCDPA grant to consumers?
The KCDPA grants Kentucky residents the rights to access, correct, delete, and obtain portable copies of their personal data, as well as the right to opt out of targeted advertising, data sales, and certain profiling activities.
What are businesses required to do under the KCDPA?
Businesses must provide accessible methods for consumers to submit requests, respond within 45 days (with one possible 45-day extension), and provide up to two free responses per year. They are also required to conduct data protection impact assessments for certain high-risk data processing activities.
Who enforces the KCDPA?
The Kentucky Attorney General has exclusive authority to enforce the KCDPA and may seek damages of up to $7,500 per violation. A 30-day cure period is provided for organizations to address potential violations before enforcement actions are initiated.
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