Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA)

· About Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA)

Key Takeaways

  • Nevada’s NPICICA is a narrow online privacy law that applies to qualifying website operators and, after the 2021 amendment, certain data brokers; it gives Nevada residents a right to opt out of the sale of covered information and is enforced by the Nevada Attorney General. [5][11][13]
  • The core compliance trigger is “sale” of covered information, not general data processing; for website operators, the law requires a designated opt-out method and a response within 60 days after a verified request. [5][11]
  • The law originally took effect on 1 October 2019, and the SB 260 amendment expanding the definition of sale and adding data brokers took effect in 2021; no 2025–2026 delay or superseding amendment was identified in the sources reviewed. [3][5][8][13]
  • Violations can lead to injunctive relief and civil penalties of up to $5,000 per violation, with enforcement authority in the Nevada Attorney General. [5][6][11]
  • Exemptions are significant: the law does not generally sweep in every business, and analysis sources identify exclusions for entities already covered by certain federal privacy regimes and for consumer reporting agencies. [13]
  • Compliance programs should focus on data mapping, sale determinations, opt-out intake, and vendor/partner classification, because the law turns on whether information is exchanged for money and whether the recipient is a qualifying buyer or service provider. [5][13]

What It Is

The Nevada Privacy of Information Collected on the Internet from Consumers Act (NPICICA) is Nevada’s online privacy statute regulating the collection and sale of certain consumer information by qualifying website operators, with the 2021 SB 260 amendment expanding coverage to data brokers and broadening the definition of “sale.” [5][11][13] The law is codified in Nevada Revised Statutes chapter 603A and is enforced by the Nevada Attorney General. [5][14]

The original opt-out framework for website operators went into effect on 1 October 2019. [6][8][12] The SB 260 amendment took effect in 2021 and is widely described as effective in October 2021. [1][3][13] The sources reviewed did not identify a 2025 or 2026 amendment delaying, suspending, or materially replacing these requirements. [1][3][13]

Who Must Comply

NPICICA applies to operators of websites or online services for commercial purposes that collect covered information from Nevada residents and meet the statutory business-activity threshold described in secondary analyses of the law. [11][13] The commonly cited trigger is that the entity must conduct business online, collect covered information from Nevada consumers, target or transact with Nevada, and exceed the visitor threshold referenced in compliance analyses. [13]

After SB 260, the law also applies to certain data brokers, defined in compliance analyses as persons primarily engaged in purchasing covered information about Nevada residents from operators or other data brokers and reselling it. [1][13] The amendment matters because it extends opt-out obligations beyond traditional website operators to entities whose core business is downstream data sales. [1][13]

The law has limited extraterritorial reach in practice because it is aimed at covered information of Nevada residents collected through websites or online services and at data brokers trading in Nevada residents’ information. [5][13] Exemptions noted in the reviewed sources include consumer reporting agencies and entities already covered by federal privacy laws such as HIPAA and GLBA. [13]

Core Requirements

  1. Provide a consumer opt-out mechanism. Qualifying operators must establish a designated address through which a consumer can submit a verified request to opt out of the sale of covered information. [5]
  1. Accept specific contact methods. The designated opt-out address can be an email address, toll-free telephone number, or Internet website established by the operator. [5]
  1. Stop sales after a verified request. Once a consumer submits a verified request, the operator may not sell covered information collected or later collected about that consumer. [5]
  1. Respond within 60 days. Operators have 60 days to respond to a verified opt-out request. [5]
  1. Treat “sale” as a money-for-data exchange. Under the amended law, “sale” is described as the exchange of covered information for monetary consideration, and the amendment expanded coverage to data brokers and clarified notice/opt-out mechanics. [1][13]
  1. Maintain compliant disclosures and internal handling. The law requires clear consumer-facing notice about data practices, and compliance analyses emphasize mapping what data is collected, whether a transfer is a sale, and whether the recipient is a vendor, partner, or covered buyer. [5][13]

Deadlines and Penalties

| milestone | date | what applies | |---|---:|---| | Original opt-out law effective | 1 October 2019 | Website operators must provide a mechanism for Nevada residents to opt out of sales of covered information. [6][8][12] | | SB 260 amendment effective | October 2021 | Expanded the law’s scope, including data brokers and a broader sale concept. [1][3][13] |

Maximum fines and sanctions: The Attorney General may seek injunctive relief and civil penalties of up to $5,000 per violation. [5][6][11] The enforcement model is civil, not a private right of action, based on the sources reviewed. [5][6]

How to Comply

  1. Map data flows and classify sales. Identify every transfer of covered information and decide whether it is a sale for monetary consideration or a non-sale arrangement such as a service-provider relationship. [5][13]
  1. Determine coverage. Confirm whether the business is an operator, a data broker, or exempt under a federal regime or another carve-out. [13]
  1. Build the opt-out intake path. Provide at least one designated address, and make sure it functions reliably for email, toll-free telephone, or web submission. [5]
  1. Implement request verification and response SLAs. Put controls in place to verify the requestor and complete the response within 60 days. [5]
  1. Update privacy notices and internal procedures. Ensure consumer disclosures accurately describe collection and sale practices and the consumer’s ability to opt out. [5][13]
  1. Contractually restrict downstream transfers. Review vendor, partner, and data-broker contracts so that no onward sale occurs after an effective opt-out. [5][13]
  1. Use established control frameworks. ISO 27001 fits for access control, data inventory, logging, and supplier management; NIST CSF 2.0 maps well to governance, identify, protect, detect, respond, and recover activities; ISO 42001 is relevant only if AI systems use the covered data and need governance around lifecycle, accountability, and risk. These frameworks support, but do not replace, the statute’s specific opt-out obligations. [13]

Related Regulations

California Consumer Privacy Act / CPRA: California’s regime is broader, covering more rights and more categories of businesses, so Nevada compliance is narrower but can be operationally aligned with California opt-out workflows.

Virginia Consumer Data Protection Act: Virginia imposes broader consumer rights and controller duties than NPICICA, but both require privacy notices and internal data governance.

Colorado Privacy Act: Colorado also provides consumer rights and opt-out controls; it overlaps most where businesses already maintain consent and sale/targeted-advertising workflows.

Nevada consumer health data law (SB 370): This is separate from NPICICA and creates specific requirements for consumer health data, so organizations may need a distinct compliance track for health-related processing. [4][7][10]

FAQ

Does NPICICA apply to companies outside Nevada?

Yes, if they operate a qualifying website or online service and collect covered information from Nevada residents, or if they fall within the data-broker scope added by SB 260. [5][13] The practical test is not incorporation alone but whether Nevada residents’ covered information is collected and sold in the manner the statute regulates. [5][13]

What counts as a sale under Nevada’s privacy law?

The law focuses on an exchange of covered information for monetary consideration, and the 2021 amendment broadened the rule by clarifying the scope and adding data brokers. [1][13] This is narrower than some other state privacy laws because it is tied to monetary consideration rather than a broader “valuable consideration” concept in all contexts. [11][13]

How quickly must a business honor an opt-out request?

The operator has 60 days to respond to a verified request. [5] Once the request is received and verified, the operator must stop selling covered information about that consumer. [5]

Is there a private right of action?

No private right of action was identified in the reviewed sources; enforcement is described as being brought by the Nevada Attorney General. [5][6][11] That means plaintiffs generally cannot sue directly under NPICICA in the way consumers can under some other privacy laws. [5][6]

Did Nevada change the law in 2025 or 2026?

No 2025–2026 amendment, repeal, or delay was identified in the sources reviewed for this guide. [1][3][13] The major modern change remains the 2021 SB 260 amendment, which expanded sale concepts and brought in data brokers. [1][13]

Are HIPAA or GLBA entities covered?

The reviewed compliance analyses state that entities covered by federal privacy laws such as HIPAA and GLBA are generally exempt from NPICICA coverage. [13] Organizations should still verify whether a specific business line or affiliate falls inside or outside the exemption before relying on it. [13]

Sources

Put it into practice

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