Understanding US State Compliance Laws: A Guide for Shopify Merchants

Introduction

In recent years, data privacy has become a significant concern for consumers and businesses alike. As a Shopify merchant, staying compliant with various state laws on data privacy is crucial for avoiding hefty penalties. In the United States, multiple states have enacted their own data privacy laws, each with unique requirements and compliance measures. At Consentmo, we help you comply with all laws that have come into effect by 2024 and provide resources to assist you in navigating these complex regulations.

What is Compliance?

Compliance in the context of data privacy refers to the laws, regulations, guidelines, and specifications relevant to the handling of personal data. For Shopify merchants, this means implementing practices and policies that meet the legal requirements set by various data protection laws. Compliance involves not only protecting consumer data from breaches and misuse but also transparency in data collection, providing consumers with control over their personal information, and maintaining clear communication through privacy notices.

Why Are States Enacting Data Privacy Laws?

The primary reason states are enacting data privacy laws is to protect consumers' personal information. With the rise of digital transactions and data breaches, consumers have become increasingly concerned about how their data is collected, used, and shared. These laws aim to give consumers more control over their personal information and impose stricter guidelines on businesses regarding data handling practices.

Moreover, data privacy laws are a response to the gaps in federal regulations. While the General Data Protection Regulation (GDPR) in Europe sets a high standard for data protection, the United States lacks a comprehensive federal data privacy law. As a result, states are taking matters into their own hands to protect their residents.

Overview of US State Data Privacy Laws

California Consumer Privacy Act (CCPA-CPRA)

Effective Date: January 2020

The California Consumer Privacy Act (CCPA) was one of the first comprehensive data privacy laws in the United States. It gives California residents the right to know what personal information is collected about them, the purpose of the collection, and the third parties with whom their data is shared. The law also allows consumers to request the deletion of their data and opt-out of the sale of their personal information.

The California Privacy Rights Act (CPRA), which amends and expands the CCPA, came into full effect in January 2023. It introduces additional protections, including the right to correct inaccurate information and the creation of the California Privacy Protection Agency to enforce the law. There is no CCPA vs CPRA - they work in tandem.

This law not only set a precedent for other states but also paved the way for more comprehensive data protection measures across the US. The CCPA-CPRA is particularly relevant for Shopify merchants who cater to California residents, making sure their business operations remain compliant with state regulations. This law primarily targets larger businesses that handle personal data of over 50,000 consumers, or those generating substantial revenue from selling personal data.

Virginia Consumer Data Protection Act (VCDPA)

Effective Date: January 2023

The Virginia Consumer Data Protection Act (VCDPA) provides similar rights to the CCPA, including the right to access, correct, delete personal data, and opt-out of data processing for targeted advertising. It applies to businesses that control or process data of at least 100,000 consumers or earn more than 50% of their gross revenue from the sale of personal data.

The VCDPA also requires businesses to conduct data protection assessments for activities that involve processing sensitive data or present a significant risk to consumers' privacy. For Shopify merchants, this means implementing strong data protection measures to stay compliant and avoid penalties.

Colorado Privacy Act (CPA)

Effective Date: July 2023

The Colorado Privacy Act (CPA) grants consumers rights such as accessing, correcting, and deleting their personal data and opting out of data processing for targeted advertising.

The CPA emphasizes data minimization, requiring businesses to collect only the data necessary for the specified purposes. It also mandates data protection assessments for high-risk processing activities. For Shopify merchants, this law necessitates a careful review of data collection practices and adjustments to comply with Colorado's requirements.

Connecticut Data Privacy Act (CTDPA)

Effective Date: July 2023

The Connecticut Data Privacy Act (CTDPA) aligns closely with the laws in California, Virginia, and Colorado. It grants consumers rights to access, correct, delete their personal data, and opt-out of data processing for targeted advertising. It directs that businesses which control or process data of at least 75,000 consumers must comply.

For Shopify merchants, complying with the CTDPA involves making sure that data handling practices are transparent and that consumers have easy access to manage their data preferences.

Utah Consumer Privacy Act (UCPA)

Effective Date: December 2023

The Utah Consumer Privacy Act (UCPA) provides rights similar to other state laws, including accessing, correcting, and deleting personal data, and opting out of data processing for targeted advertising. The law applies to businesses processing the data of at least 25,000 consumers.

The UCPA emphasizes transparency and accountability, requiring businesses to implement reasonable data security measures and provide clear privacy notices to consumers. Shopify merchants need to make sure their data privacy policies are up-to-date and clearly communicated to their customers in Utah.

Most Recent Data Privacy Laws

Texas Data Privacy and Security Act (TDPSA)

Effective Date: July 2024

The Texas Data Privacy and Security Act (TDPSA) just introduced a comprehensive data privacy rights for Texas residents, including access, correction, deletion, and opt-out rights.

For Shopify merchants, the TDPSA will require updates to data handling practices and potentially new systems to manage consumer data requests efficiently.

Florida Digital Bill of Rights (FDBR)

Effective Date: July 2024

The Florida Digital Bill of Rights (FDBR) provided consumers with rights similar to other state laws, including accessing, correcting, and deleting personal data, and opting out of data processing for targeted advertising.

For Shopify merchants, the FDBR will necessitate adjustments to data processing systems and clear communication with Florida customers regarding their data rights.

Montana Consumer Data Privacy Act (MCDPA)

Effective Date: October 2024

The Montana Consumer Data Privacy Act (MCDPA) will grant consumers rights such as accessing, correcting, and deleting their personal data, and opting out of data processing for targeted advertising.

Shopify merchants should prepare for the MCDPA by reviewing data collection practices and making sure systems are in place to manage consumer data requests effectively.

Oregon Consumer Privacy Act (OCPA)

Effective Date: July 2024

The Oregon Consumer Privacy Act (OCPA) will provide comprehensive data privacy rights to Oregon residents, including access, correction, deletion, and opt-out rights.

For Shopify merchants, the OCPA will necessitate updates to data handling practices for merchants selling to and from the state.

Future Data Privacy Laws (2025 and Beyond)

Several other states have also enacted data privacy laws that will come into effect in 2025 and beyond. These include:

• Delaware Personal Data Privacy Act (DPDPA) - January 2025
• Nebraska Data Privacy Act (NDPA) - January 2025
• New Hampshire Law - January 2025
• Iowa Consumer Data Protection Act (Iowa CDPA) - January 2025
• Rhode Island Data Transparency and Privacy Protection Act (RI-DTPPA) - January 2025
• New Jersey Law - January 2025
• Minnesota Consumer Data Privacy Act (MCDPA) - July 2025
• Tennessee Information Protection Act (TIPA) - July 2025
• Maryland Online Data Privacy Act (MCDPA) - October 2025
• Kentucky Consumer Data Protection Act (KCDPA) - January 2026
• Indiana Consumer Data Protection Act (INCDPA) - January 2026

Key Compliance Elements in US Data Privacy Laws

Most US compliance laws share a focus on several critical areas. Data protection assessments helps businesses identify and mitigate privacy risks. Data minimization - collecting only the necessary information reduces the risk of data breaches. Transparent data handling practices and clear privacy notices are important in complying with legal requirements. Additionally, providing consumers with easy access to manage their data preferences is a common clause across these laws.  By paying close attention to these elements and looking into data breach insurance, businesses can navigate the complex landscape of US data privacy laws more confidently and maintain compliance.

Conclusion

Staying compliant with various state data privacy laws can be challenging, but it is important for avoiding legal repercussions. At Consentmo, we provide tools and resources to help you navigate these regulations and keep your Shopify store compliant. Be sure to check out our blog posts for detailed information on each law and how to comply with them.

Ready to make sure your Shopify store is compliant? Download Consentmo from the Shopify App Store and start managing your data privacy obligations effectively today.