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162 sections in this chapter.
Neb. Rev. Stat. § 87-1001 Act, how cited.
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Sections 87-1001 to 87-1005 shall be known and may be cited as the Online Age Verification Liability Act.
Neb. Rev. Stat. § 87-1002 Terms, defined.
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For purposes of the Online Age Verification Liability Act: (1) Commercial entity includes a corporation, limited liability company, partnership, limited partnership, sole proprietorship, or other legally recognized entity; (2) Digitized identification card means a data file that …
Neb. Rev. Stat. § 87-1003 Commercial entity; reasonable age verification method; required; when.
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(1) A commercial entity shall not knowingly and intentionally publish or distribute material harmful to minors on the Internet on a website that contains a substantial portion of such material unless the entity uses a reasonable age verification method to verify the age of an ind…
Neb. Rev. Stat. § 87-1004 Civil action; authorized.
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(1) A person aggrieved by a violation of section 87-1003 may bring a civil action against the commercial entity or third party which engaged in that violation to recover such relief as may be appropriate. (2) In an action under this section, appropriate relief includes: (a) Such …
Neb. Rev. Stat. § 87-1005 Applicability of act.
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(1) The Online Age Verification Liability Act shall not apply to any news-gathering organization or any bona fide news or public interest broadcast, website video, or report. (2) An Internet utility does not violate the Online Age Verification Liability Act solely by providing ac…
Neb. Rev. Stat. § 87-1101 Act, how cited.
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Sections 87-1101 to 87-1130 shall be known and may be cited as the Data Privacy Act.
Neb. Rev. Stat. § 87-1102 Terms, defined.
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For purposes of the Data Privacy Act: (1) Affiliate means a legal entity that controls, is controlled by, or is under common control with another legal entity or shares common branding with another legal entity. For purposes of this subdivision, control or controlled means: (a) T…
Neb. Rev. Stat. § 87-1103 Applicability of act to persons or entities.
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(1) The Data Privacy Act applies only to a person that: (a) Conducts business in this state or produces a product or service consumed by residents of this state; (b) Processes or engages in the sale of personal data; and (c) Is not a small business as determined under the federal…
Neb. Rev. Stat. § 87-1104 Information and records to which act is not applicable.
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The Data Privacy Act does not apply to the following: (1) Protected health information under the Health Insurance Portability and Accountability Act; (2) Health records; (3) Patient identifying information for purposes of 42 U.S.C. 290dd-2, as such section existed on January 1, 2…
Neb. Rev. Stat. § 87-1105 Personal or household activity.
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The Data Privacy Act does not apply to the processing of personal data by a person in the course of a purely personal or household activity.
Neb. Rev. Stat. § 87-1106 Federal Children's Online Privacy Protection Act of 1998; compliance; effect.
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A controller or processor that complies with the verifiable parental consent requirements of the federal Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501 et seq., and the rules, regulations, and guidance adopted and promulgated under such act as such act, rules, r…
Neb. Rev. Stat. § 87-1107 Consumer rights; request to exercise.
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(1) A consumer may at any time submit a request to a controller specifying the consumer rights the consumer wishes to exercise. With respect to the processing of personal data belonging to a known child, a parent or legal guardian of the child may exercise the consumer rights on …
Neb. Rev. Stat. § 87-1108 Controller; compliance; procedure.
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(1) Except as otherwise provided in the Data Privacy Act, a controller shall comply with a request submitted by a consumer to exercise the consumer's rights pursuant to section 87-1107. (2) A controller shall respond to the consumer request without undue delay within forty-five d…
Neb. Rev. Stat. § 87-1109 Appeal process.
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(1) A controller shall establish a process for a consumer to appeal the controller's refusal to take action on a request within a reasonable period of time after the consumer's receipt of the decision under subsection (3) of section 87-1108. (2) The appeal process must be conspic…
Neb. Rev. Stat. § 87-1110 Consumer right; waiver or limitation; unenforceable.
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Any provision of a contract or agreement that waives or limits in any way a consumer right described in sections 87-1107 to 87-1109 is contrary to public policy and is void and unenforceable.
Neb. Rev. Stat. § 87-1111 Consumer right; method to submit request.
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(1) A controller shall establish two or more secure and reliable methods to enable a consumer to submit a request to exercise consumer rights under the Data Privacy Act. The methods shall take into account: (a) The ways in which consumers normally interact with the controller; (b…
Neb. Rev. Stat. § 87-1112 Controller; personal data; requirements on collection and use.
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(1) A controller: (a) Shall limit the collection of personal data to what is adequate, relevant, and reasonably necessary in relation to the purposes for which that personal data is processed, as disclosed to the consumer; and (b) For purposes of protecting the confidentiality, i…
Neb. Rev. Stat. § 87-1113 Privacy notice; required; contents.
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A controller shall provide each consumer with a reasonably accessible and clear privacy notice that includes: (1) The categories of personal data processed by the controller, including, if applicable, any sensitive data processed by the controller; (2) The purpose for processing …
Neb. Rev. Stat. § 87-1114 Personal data; sale; process for advertising; disclosure; consumer action.
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If a controller sells personal data to any third party or processes personal data for targeted advertising, the controller shall clearly and conspicuously disclose that process and the manner in which a consumer may exercise the right to opt out of that process.
Neb. Rev. Stat. § 87-1115 Processor; duties; controller and processor, contract; requirements; liability.
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(1) A processor shall adhere to the instructions of a controller and shall assist the controller in meeting or complying with the controller's duties or requirements under the Data Privacy Act, including: (a) Assisting the controller in responding to consumer rights requests subm…
Neb. Rev. Stat. § 87-1116 Data protection assessment; requirements; confidentiality.
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(1) A controller shall conduct and document a data protection assessment of each of the following processing activities involving personal data: (a) The processing of personal data for purposes of targeted advertising; (b) The sale of personal data; (c) The processing of personal…
Neb. Rev. Stat. § 87-1117 Deidentified data.
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(1) A controller in possession of deidentified data shall: (a) Take reasonable measures to ensure that the data cannot be associated with an individual; (b) Publicly commit to maintaining and using deidentified data without attempting to reidentify the data; and (c) Contractually…
Neb. Rev. Stat. § 87-1118 Sensitive data; sale; consent required.
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(1) A person described by subdivision (1)(c) of section 87-1103 shall not engage in the sale of personal data that is sensitive data without receiving prior consent from the consumer. (2) A person who violates this section is subject to the penalty under section 87-1124.
Neb. Rev. Stat. § 87-1119 Attorney General; enforcement.
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The Attorney General has exclusive authority to enforce the Data Privacy Act.
Neb. Rev. Stat. § 87-1120 Attorney General; duties.
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The Attorney General shall post on the Attorney General's website: (1) Information relating to: (a) The responsibilities of a controller under the Data Privacy Act; (b) The responsibilities of a processor under the Data Privacy Act; and (c) A consumer's rights under the Data Priv…
Neb. Rev. Stat. § 87-1121 Attorney General; powers.
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(1) If the Attorney General has reasonable cause to believe that a controller or processor has engaged in or is engaging in a violation of the Data Privacy Act, the Attorney General may issue a civil investigative demand pursuant to section 87-1123. (2) The Attorney General may r…
Neb. Rev. Stat. § 87-1122 Controller or processor; notification of violations; response.
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Before bringing an action under section 87-1124, the Attorney General shall notify a controller or processor in writing, not later than the thirtieth day before bringing the action, identifying the specific provisions of the Data Privacy Act the Attorney General alleges have been…
Neb. Rev. Stat. § 87-1123 Civil investigative demand; procedure.
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(1) Whenever the Attorney General believes that any person may be in possession, custody, or control of any original or copy of any book, record, report, memorandum, paper, communication, tabulation, map, chart, photograph, mechanical transcription, or other tangible document or …
Neb. Rev. Stat. § 87-1124 Violation; penalty; actions authorized.
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(1) A person who violates the Data Privacy Act following the cure period described by section 87-1122 or who breaches a written statement provided to the Attorney General under such section is liable for a civil penalty in an amount not to exceed seven thousand five hundred dolla…
Neb. Rev. Stat. § 87-1125 Private right of action.
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The Data Privacy Act shall not be construed as providing a basis for, or being subject to, a private right of action for a violation of the Data Privacy Act or any other law.
Neb. Rev. Stat. § 87-1126 Act, how construed.
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The Data Privacy Act shall not be construed to: (1) Restrict a controller's or processor's ability to: (a) Comply with federal, state, or local laws, rules, or regulations; (b) Comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, s…
Neb. Rev. Stat. § 87-1127 Controller or processor; requirements of act; applicability.
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(1) The requirements imposed on any controller or processor under the Data Privacy Act shall not restrict a controller's or processor's ability to collect, use, or retain data to: (a) Conduct internal research to develop, improve, or repair products, services, or technology; (b) …
Neb. Rev. Stat. § 87-1128 Third-party controller or processor; affect on violation.
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(1) A controller or processor that discloses personal data to a third-party controller or processor, in compliance with any requirement of the Data Privacy Act, does not violate the Data Privacy Act if the third-party controller or processor that receives and processes that perso…
Neb. Rev. Stat. § 87-1129 Personal data; processing; restrictions.
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(1) Personal data processed by a controller under sections 87-1126 to 87-1129 may not be processed for any purpose other than a purpose listed in sections 87-1126 to 87-1129 unless otherwise allowed by the Data Privacy Act. Personal data processed by a controller under sections 8…
Neb. Rev. Stat. § 87-1130 Preemption of local law.
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The Data Privacy Act supersedes and preempts any ordinance, resolution, rule, or other regulation adopted by a political subdivision regarding the processing of personal data by a controller or processor.
Neb. Rev. Stat. § 87-1201 Cybersecurity event; liability of private entity.
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(1) For purposes of this section: (a) Cybersecurity event means an event resulting in unauthorized access to, or disruption or misuse of, an information system or nonpublic information stored on an information system; (b) Information system means: (i) A discrete set of electronic…
Neb. Rev. Stat. § 87-126 Act, how cited.
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Sections 87-126 to 87-144 shall be known and may be cited as the Trademark Registration Act.
Neb. Rev. Stat. § 87-127 Intent.
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It is the intent of the Legislature that the Trademark Registration Act provide a system of state trademark registration and protection substantially consistent with the federal system of trademark registration and protection under the federal Trademark Act of 1946, as amended. T…
Neb. Rev. Stat. § 87-128 Terms, defined.
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For purposes of the Trademark Registration Act: (1) Abandoned mark means that either of the following has occurred: (a) When its use has been discontinued with intent not to resume such use. Intent not to resume may be inferred from circumstances. Nonuse for two consecutive years…
Neb. Rev. Stat. § 87-129 Mark; not registered; when.
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A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it: (1) Consists of or comprises immoral, deceptive, or scandalous matter; (2) Consists of or comprises matter which may di…
Neb. Rev. Stat. § 87-130 Application for registration; contents.
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Subject to the limitations set forth in the Trademark Registration Act, any person who uses a mark may file in the office of the secretary, in a manner complying with the requirements of the secretary, an application for registration of that mark including, but not limited to, th…
Neb. Rev. Stat. § 87-1301 Act, how cited.
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Sections 87-1301 to 87-1311 shall be known and may be cited as the Age-Appropriate Online Design Code Act.
Neb. Rev. Stat. § 87-1302 Terms, defined.
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For purposes of the Age-Appropriate Online Design Code Act: (1) Actual knowledge includes all information and inferences known to the covered online service relating to the age of the individual, including, but not limited to, self-identified age, and any age the covered online s…
Neb. Rev. Stat. § 87-1303 Act; applicability.
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(1) The Age-Appropriate Online Design Code Act does not apply to: (a) A federal, state, tribal, or local government entity in the ordinary course of its operations; (b) Personal data subject to a statute or regulation that is controlled by a covered online service that is require…
Neb. Rev. Stat. § 87-1304 Covered online service; provide safeguards for minors.
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(1) A covered online service shall provide each covered minor with accessible and easy-to-use tools that: (a) Limit the ability of other users or visitors to communicate with the covered minor; (b) Prevent other individuals from viewing the personal data of the covered minor; (c)…
Neb. Rev. Stat. § 87-1305 Covered online service; personal data; collection and use.
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(1) A covered online service shall only collect and use the minimum amount of a covered minor's personal data necessary to provide the specific elements of an online service with which the covered minor has knowingly engaged. Such personal data shall not be used for reasons other…
Neb. Rev. Stat. § 87-1306 Covered online service; parental tools; notification of covered minor.
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(1) A covered online service shall provide parents with tools to help parents protect and support minors using covered design features of the covered online service. Such parental tools shall be enabled by default for an individual the covered online service knows to be a child. …
Neb. Rev. Stat. § 87-1307 Covered online service; reporting mechanisms.
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A covered online service shall establish mechanisms for covered minors and parents to report harms on covered online services.
Neb. Rev. Stat. § 87-1308 Covered online service; acts prohibited.
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(1) A covered online service is prohibited from facilitating advertisements for prohibited products, such as narcotic drugs, tobacco products, gambling, and alcohol, to covered minors. (2) A covered online service is prohibited from using dark patterns.
Neb. Rev. Stat. § 87-1309 Act, violation; deceptive trade practice; compliance officer; civil penalty.
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(1) Any violation of the Age-Appropriate Online Design Code Act shall, additionally and separately, constitute a deceptive trade practice under the Uniform Deceptive Trade Practices Act. Civil penalties for violations of the Age-Appropriate Online Design Code Act shall be subject…