Law / United States / 
Nebraska
Agricultural Data Privacy Act: sale-prohibition term in new contracts from January 1, 2027, and reasonable data security practices
Agricultural Data Privacy Act, Neb. Rev. Stat. §§ 87-1406 and 87-1407 (LB525, sections 6 and 7)
In force since .
A sensitive categories rule binding public and private bodies.
- Obligation class
- Contract terms, Security
- Audit expectation
- none
What it requires
- From , put a specific provision in every new contract or agreement involving the collection or processing of agricultural data in Nebraska stating that the controller or processor is prohibited from engaging in the sale of the agricultural data without the agricultural producer's express written consent (Neb. Rev. Stat. 87-1406(1)).
- Do not rely on a contract provision that waives or limits the Agricultural Data Privacy Act; it is contrary to public policy and void and unenforceable (Neb. Rev. Stat. 87-1406(2)).
- If you are a controller or processor in custody or possession of agricultural data, establish, implement and maintain reasonable administrative, technical and physical data security practices that protect the confidentiality, integrity and accessibility of the data, appropriate for its volume and nature, against unauthorized access, use, disclosure, modification or loss (Neb. Rev. Stat. 87-1407).
These lines are LexLint's reading of the law's text.
If you get it wrong
Private right of actionNo
Penalty structure
Section 8 of LB 525 (Neb. Rev. Stat. 87-1408): the Attorney General may bring an action in the district court of Lancaster County against a controller or processor that violates the Agricultural Data Privacy Act to seek injunctive relief or to recover a civil penalty of $1,000 for each separate violation. Before a penalty action for a violation of section 6 or 7 of LB 525 the Attorney General must give written notice, and the action is barred if the controller or processor cures within forty-five days (section 9).
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 1,000
Who enforces it
Enforcement body
Nebraska Attorney General, who may bring an action in the district court of Lancaster County against a controller or processor that violates the Agricultural Data Privacy Act to seek injunctive relief or recover a civil penalty of $1,000 for each separate violation (Neb. Rev. Stat. 87-1408(1)).
What record it asks for
Logging duty
Section 7 requires reasonable administrative, technical and physical data security practices and section 6 requires a contract term from . Neither names a log, a record of processing or access, a retention period or an audit, and no one is named who may demand a record.
- Kind
- None
- As of
What this law does
Beginning on , every new contract or agreement involving the collection or processing of agricultural data in this state must contain a specific provision stating that the controller or processor is prohibited from engaging in the sale of the agricultural data without the express written consent of the agricultural producer. A contract provision that waives or limits the requirements of the Agricultural Data Privacy Act is contrary to public policy and is void and unenforceable.
A controller or processor in custody or possession of agricultural data must establish, implement and maintain reasonable administrative, technical and physical data security practices to protect the confidentiality, integrity and accessibility of the data. The security practices must be appropriate for the volume and nature of the agricultural data and protect against unauthorized access, use, disclosure, modification or loss.
The Agricultural Data Privacy Act does not impair, supersede or otherwise affect the terms of any private contract that is in existence prior to the operative date of the section. The Agricultural Data Privacy Act has an operative date of .
When LexLint raises it
When your app profile says your app processes personal data.
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