UCPA: Utah Consumer Privacy Act

On March 24, 2022, Utah signed the Utah Consumer Privacy Act (UCPA) into law similar to other states privacy laws.

UCPA

What is UCPA?

UCPA is Utah Consumer Privacy Act was signed into law on March 24, 2022. It is a privacy law similar to US CCPA.

UCPA defines “sale” as “the exchange of personal data for monetary consideration”.

Differences with CCPA, VCDPA, CPA, GDPR

  • Not provide Utah residents with the ability to correct or update their personal data, unlike the CPRA, VCDPA, and CPA.
  • Not require businesses to offer an appeal right if the business declines to take action on a request, unlike the CPRA, VCDPA, and CPA.
  • Not require prior opt-in consent to process “sensitive data”; only requires a clear notice and ability to opt-out of the processing of sensitive data
  • Not provide opt-out rights or additional disclosure requirements in relation to automated decision-making or profiling.
  • Not apply to personal data collected in the employment context or the B2B context.

Who does the UCPA apply to?

The UCPA applies to any “controller” or “processor” that:

  • Conducts business in Utah or produces products or services that are targeted to Utah residents
  • Has annual revenue of at least $25m
  • Controls or processes the personal data of at least 100,000 Utah residents in a year; or derives over 50% of its gross revenue from the “sale” of personal data and controls or processes the personal data of at least 25,000 Utah residents.

Consumer rights under UCPA

  • Access their personal data,
  • Obtain a portable copy of their personal data
  • Request deletion of their personal data
  • Opt-out of the “sale” of their personal data, opt-out of “targeted advertising”
  • Be guaranteed to not be discriminated against for exercising any of the foregoing rights

UCPA enforcement and fines

Businesses must either honor or decline these requests within 45 days of receipt.

The UCPA will provide businesses with a 30-day right to cure alleged non-compliance.

The UCPA fines of $7,500 per violation or actual damages to consumers.

UCPA and Consent Management

Controllers must get a consumer’s consent before processing sensitive data.

The Utah Consumer Privacy Act (UCPA) Timeline

  • Signed into law on March 24, 2022
  • The UCPA will take effect on December 31, 2023

Other US State Privacy Laws

  • CCPA: California Consumer Privacy Act, learn more at CCPA
  • CPRA: California Privacy Rights Act, learn more at CPRA
  • CPA: Colorado Privacy Act, learn more at CPA
  • VCDPA: Virginia Consumer Data Protection Act, learn more at VCDPA
  • UCPA: Utah Consumer Privacy Act, learn more at UCPA
  • CTDPA: Connecticut Data Protection Act, learn more at CTDPA
  • COPPA: Children’s Online Privacy Protection Act, learn more at COPPA

Compare different US State Privacy Laws

How to compliant with and implement the Utah Consumer Privacy Act Compliance Solution?

Use a consent management platform like UniConsent to offer consumers full control of data collection, opt-out features, manage the preferences communication.

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