As cyber threats grow increasingly sophisticated and public awareness of data rights increases, New Jersey has taken a significant step forward in establishing comprehensive protections for residents and clear responsibilities for businesses.
At the heart of these reforms is the New Jersey Data Privacy Act (NJDPA), which Governor Phil Murphy signed into law on January 16, 2024, and took effect on January 15, 2025.
The NJDPA signals the state’s entrance into a growing coalition of jurisdictions enacting broad consumer data protection laws. While modeled on legislation from Connecticut and Colorado, New Jersey’s approach includes several distinctions—such as applying to nonprofit organizations and including financial data in its definition of sensitive personal information.
New Jersey residents must understand the critical legal, regulatory, and business implications of the NJDPA and broader cyber governance developments shaping their state’s legal landscape in 2025.
The NJDPA: Enforceable Consumer Data Rights Starting January 15, 2025
The NJDPA establishes enforceable rights for New Jersey consumers, including the rights to access, correct, delete, and obtain copies of their personal data. Importantly, residents can now opt out of data processing for targeted advertising, profiling, or the sale of personal information.
Businesses must support these rights through user-facing mechanisms, including browser-based signals such as Global Privacy Control (GPC), which must be honored no later than July 15, 2025, the end of the statute’s 6-month cure period.
The law applies to companies that either:
- Control or process the data of 100,000 or more New Jersey residents (excluding data used solely for completing payment transactions) or
- Control or process the personal data of 25,000 or more residents and derive revenue from the sale of personal data.
Notably, nonprofit organizations are not exempt, a departure from many other state laws, underscoring the statute’s broad scope.
Sensitive Data and Risk Assessments: Expanded Definitions and Duties
New Jersey’s “sensitive data” definition under the NJDPA is expansive. It includes standard identifiers like race, health status, religion, financial account numbers, biometric and genetic data, precise geolocation, and data collected from known children under 13.
Controllers processing sensitive data must obtain explicit consumer consent and conduct data protection assessments for high-risk processing activities, such as profiling and behavioral advertising. These requirements echo risk management protocols in the EU’s GDPR but are now codified in state law and tailored for U.S. enforcement mechanisms.
Enforcement and Penalties: AG Oversight Through the Consumer Fraud Act
Violations of the NJDPA are enforced by the New Jersey Attorney General’s Office under the Consumer Fraud Act (CFA). The CFA allows the AG to impose civil penalties that could run up to $10,000 for a first violation and $20,000 for each subsequent violation (N.J.S.A. § 56:8-13).
The law includes a 30-day right to cure violations, valid until July 15, 2026. After this period, the Attorney General may proceed directly with enforcement actions without first providing an opportunity to cure, raising the stakes for organizations that have not proactively achieved compliance.
While there is no private right of action—individuals cannot sue directly for violations—the Attorney General is expected to actively pursue high-impact enforcement cases in sectors such as e-commerce, healthcare, and marketing.
Cybersecurity in Focus: Homeland Security Report Reveals Top Threats
Cybersecurity enforcement remains a parallel priority for New Jersey in 2025. An authority on this subject, New Jersey Office of Homeland Security and Preparedness (NJOHSP), in its most recent Annual Threat Assessment released on February 26, 2024, flagged persistent digital threats such as ransomware, credential theft, and infrastructure targeting as significant concerns.
Although no separate cybersecurity statute was enacted in 2024, government agencies and contractors are increasingly required to adopt NIST-aligned frameworks, conduct periodic vulnerability assessments, and notify relevant authorities of cybersecurity incidents in compliance with executive guidance. The New Jersey Cybersecurity and Communications Integration Cell (NJCCIC) continues to issue weekly alerts, vulnerability patches, and critical threat bulletins to help safeguard public-sector and private infrastructure.
No Hotline Law: Clarifying Misconceptions About Social Media Accountability
Some earlier publications erroneously reported the existence of a 2025 New Jersey law requiring social media companies to operate 24/7 fraud reporting hotlines. As of March 2025, no such law has been passed or proposed in the New Jersey Legislature.
This confusion likely stems from federal legislative proposals such as the Kids Online Safety Act (KOSA), which, while under national discussion, has not been enacted into law.
At the state level, New Jersey continues to expand criminal penalties for digital impersonation, fraud, and identity theft. The Division of Consumer Affairs runs public education campaigns to help residents recognize scams and report incidents. However, there is no statutory requirement for platform-specific reporting hotlines.
What New Jersey Businesses Must Do to Prepare
Businesses operating in New Jersey or targeting its residents must prepare for full compliance with the NJDPA by 2025. This involves conducting a complete data inventory, updating privacy policies, implementing opt-out mechanisms, enabling GPC, and ensuring all employees are trained in privacy protocols.
Organizations must also prepare to handle consumer data requests within a reasonable period and ensure they can verify identities securely. Compliance must be documented and reviewable, primarily if a complaint or investigation arises.
Businesses must seek legal counsel from professionals experienced in data privacy law and compliance. Criminal defense attorneys are not the appropriate advisors for corporate privacy frameworks. Law firms and consultants should offer data mapping tools, privacy impact assessments, and compliance timelines to ensure readiness before the enforcement date.
What This Means for New Jersey Residents
For residents, the NJDPA offers new rights and protections that shift control over personal data back into the hands of the consumer. Beginning in 2025, residents can:
- Request access to all personal data held by a business.
- Demand correction or deletion of inaccurate or outdated information.
- Opt out of data sales, profiling, and targeted ads.
- Understand how their data is collected, used, and shared via clear privacy notices.
Residents can file complaints directly with the New Jersey Division of Consumer Affairs if they believe their rights have been violated.
To take full advantage of these rights, individuals should begin using Global Privacy Control tools, reviewing privacy settings on platforms, and staying informed about data practices through public resources.
While the NJDPA is primarily a civil enforcement tool, some cyber-related offenses—such as hacking or digital impersonation—may result in criminal charges. Individuals facing such accusations should seek immediate legal representation from an experienced criminal lawyer new jersey to protect their rights.
A Call to Action for Compliance and Awareness
The NJDPA positions New Jersey at the forefront of digital rights legislation in the United States. With enforcement beginning in 2025 and no private right of action, it is crucial for businesses to proactively meet their obligations under the law and for residents to understand the rights they now possess.
The law is not static—it will evolve through administrative guidance, Attorney General enforcement decisions, and possibly future legislative amendments. As a result, both legal professionals and businesses must remain vigilant in monitoring developments.
Now is the time to audit your data practices, update your compliance policies, and educate your team. Whether you are a consumer looking to protect your digital identity or a business navigating regulatory obligations, the NJDPA law will shape the state’s digital economy for years.