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In EffectPrivacy ADM

New Jersey Data Privacy Act (Profiling Provisions)

Effective date

Penalty

Up to $10,000 per first violation, $20,000 per subsequent. Thirty-day cure period sunsets July 15, 2026 (30 months after enactment). Enforced by New Jersey AG.

Cure period

30 days (through July 15, 2026)

Obligations mapped

8 obligations

Overview

Uniquely covers nonprofits with no revenue threshold. Universal opt-out mechanism (UOOM) requirement effective July 15, 2025 (18 months after enactment), extended to profiling decisions, unique among state privacy laws. Proposed rules would require controller consent before using personal data to train AI models.

This is a privacy law with automated decision-making provisions.

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Who this applies to

This regulation applies to the following roles:

  • Deployers and users of covered AI systems and tools
  • Organizations operating in New Jersey

This regulation applies to companies that use or deploy AI tools and systems built by other vendors. If your company uses AI-powered products in the areas listed below, this regulation may apply to you.

S332

AI categories covered

  • Consumer-facing AI
  • Automated decision-making
  • Algorithmic profiling

Specific AI use cases:

  • Customer profiling and segmentation

What this requires you to do

8 obligations identified from statutory analysis.

Section 9.a.(7)

Section 7.a.(5)(c)

Section 9.a.(9), 9.b, 9.c.(1), 9.d

Section 8.a

Section 5

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.

Enforcement and penalties

Up to $10,000 per first violation, $20,000 per subsequent. Thirty-day cure period sunsets July 15, 2026 (30 months after enactment). Enforced by New Jersey AG.

Cure period: 30 days (through July 15, 2026).

30-day cure period

Penalty amounts are based on statutory text and may be subject to adjustment, judicial interpretation, or enforcement discretion.

Source verification

Verified against enrolled statute text

View source text

Legislative history

cure period expired

30-day cure period sunsets (30 months after enactment)

rulemaking

AG proposes rules including consent for AI training data use

effective

UOOM requirement takes effect (18 months after enactment)

effective

Takes effect (365 days after enactment)

signed

Signed by Governor Murphy

View source

Related regulations

New Jersey AI regulation guide lists every tracked rule for this jurisdiction with timelines and obligation tallies.

Regulation summaries are simplified for readability and may not capture every nuance of the underlying statute. Verify important details against primary sources linked on this page.