Every business that collects data from New Hampshire residents needs a public document that clearly and specifically explains what it does with that information.

This page covers one piece of the picture. For the full scope of the NHDPA — who must comply, the thresholds, the consumer rights and the penalties — start with our complete guide to the NHDPA and cookies.

That document is the Privacy Policy.

The New Hampshire Data Privacy Act (NHDPA, RSA 507-H), in effect since January 1, 2025, defines what must be in that document, how it must be published, and what happens when it is incomplete or outdated.

This article focuses exclusively on that: what the NHDPA requires from your Privacy Policy, point by point, verified against the full text of the law.

The law uses the term Privacy Notice. In practice, it is the Privacy Policy that most websites already have.

RSA 507-H:6, III requires the controller to provide consumers with a privacy notice that is "clear and meaningful in a reasonably accessible format." The document can be published online, in mobile apps, or on devices through which consumers interact with the controller.

Two specific requirements from RSA 507-H:6, III deserve attention:

The document must be reasonably accessible to consumers with disabilities, including through digital accessibility tools.

The document must include the date it was last updated.

RSA 507-H:6, III lists the mandatory elements of the privacy notice. Let's go through each one.

The document must list the categories of personal data the business processes (RSA 507-H:6, III, a).

Personal data under the NHDPA is any information linked or reasonably linkable to an identified or identifiable individual, as defined in RSA 507-H:1, XIX. This includes name, email, IP address, browsing history, location data, and any identifier that allows a person to be tracked.

The document must explain what the data is used for (RSA 507-H:6, III, b).

And the purposes must be specific. RSA 507-H:6, I, b determines that the business cannot process data for purposes that are not reasonably necessary or compatible with those disclosed, without new consent.

Vague purposes such as "improve your experience" do not meet the requirement. "Browsing data collected via analytics: used to analyze site usage behavior and identify pages with high abandonment rates" is a specific purpose.

The document must describe how consumers can exercise the rights guaranteed by the NHDPA, including how to appeal a controller's decision (RSA 507-H:6, III, c).

It is not enough to list that the rights exist. The process must be described: which channel to use, how identity verification works, what the 45-day response deadline is, and how to appeal if a request is denied.

The data protection officer or compliance lead must have this process mapped out and functioning before publishing the Policy.

If the business shares data with third parties, the document must inform which categories of data are shared (RSA 507-H:6, III, d).

This includes email marketing tools, CRMs, analytics platforms, advertising networks, payment processors, and any other service that receives data from your users.

This point is critical for digital marketing agencies that manage client websites. The client's website is the controller. The agency is typically the processor. The Policy must reflect this structure.

In addition to the types of data, the Policy must inform which categories of third parties receive them (RSA 507-H:6, III, e).

Categories such as "digital advertising platforms," "analytics tools," and "CRM systems" are valid examples. It is not necessary to list the name of every product, but the categories must be identifiable.

RSA 507-H:6, III, f requires an active email address or other online mechanism through which the consumer can contact the controller.

It cannot be a form that does not work, an email that no one monitors, or a broken link. The channel must be operational.

RSA 507-H:6, III, g makes it mandatory to include the date the privacy notice was last updated.

Every time there is a material change in data processing practices, the document must be updated and this date must be reflected.

If the business sells personal data to third parties or processes it for targeted advertising, RSA 507-H:6, IV requires this practice to be clearly stated, along with the mechanism through which the consumer can exercise the opt-out.

RSA 507-H:6, V, a requires the Policy to describe at least one secure and reliable means for the consumer to submit requests. This means must include a clear and conspicuous link to a page where the consumer can exercise the opt-out of targeted advertising or data sale.

The business cannot require the consumer to create a new account to exercise their rights.

Sensitive data receives special treatment under the NHDPA and must be identified in the Privacy Policy.

Under RSA 507-H:1, XXVIII, sensitive data includes: racial or ethnic origin, religious beliefs, physical or mental health, sex life, sexual orientation, citizenship, genetic or biometric data used for identification, data of known children under 13, and precise geolocation data.

If the business collects any data in this category, the Policy must:

Explicitly identify that sensitive data is collected.

State the specific purpose for which each category is used.

Describe how explicit prior consent is obtained, as required by RSA 507-H:6, I, d.

Explain how that consent can be revoked.

And on revocation: after receiving a consent revocation request, the business has a maximum of 15 days to cease processing, under RSA 507-H:6, I, f. This deadline must be reflected in the Policy.

RSA 507-H:6, I, g prohibits processing consumer data for targeted advertising or selling it without consent when the controller has actual knowledge that the consumer is between 13 and 15 years old.

This protection goes beyond the protection of children under 13. If the site may have teenage users in that age range, the Privacy Policy must mention how this protection is implemented.

RSA 507-H:8 requires controllers to conduct and document Data Protection Assessments for activities that present elevated risk to the consumer, including targeted advertising, data sale, profiling with foreseeable risk of harm, and processing of sensitive data.

The assessments do not need to be published in the Policy, but must be documented and made available to the Attorney General upon request. They are confidential and exempt from public disclosure (RSA 507-H:8, III).

A Records of Processing Activities (ROPA) document is what organizes the record of these activities internally.

One point that affects the urgency of compliance: in 2025, the Attorney General was required to give the business 60 days to cure before filing a lawsuit (RSA 507-H:11, II). From 2026 onward, this cure period became discretionary (RSA 507-H:11, III).

This means that an inadequate Privacy Policy in 2026 can result in direct enforcement action, with no guaranteed deadline to correct.

Violations are treated under RSA 358-A:2, with reference penalties of up to US$ 10,000 per violation.

AdOpt ensures that what is written in the Policy has a real correspondence with what actually happens on the site.

The automatic scan identifies all active technologies, feeding the list of data categories and third parties that must appear in the document. The consent management platform ensures the consent and revocation mechanism works exactly as described.

Every consent and revocation is logged. If the Attorney General requests evidence, the record is available.

Over 60,000 websites already run with AdOpt.

Privacy is not a banner. It is a position.

Want to build a Privacy Policy for your site that complies with the NHDPA? Talk to our team.

Visible and accessible link on all pages of the site.

Accessible to people with disabilities, including via digital tools (RSA 507-H:6, III).

Categories of personal data processed, with specific descriptions (RSA 507-H:6, III, a).

Purpose of processing for each category, without vague descriptions (RSA 507-H:6, III, b).

How to exercise each right guaranteed by the NHDPA, with process, channel, and 45-day response deadline (RSA 507-H:6, III, c).

Categories of data shared with third parties (RSA 507-H:6, III, d).

Categories of third parties that receive data (RSA 507-H:6, III, e).

Active contact channel, functional email or online mechanism (RSA 507-H:6, III, f).

Date of last update visible (RSA 507-H:6, III, g).

Disclosure of targeted advertising or data sale with accessible opt-out (RSA 507-H:6, IV).

Identification of sensitive data and how prior consent is obtained (RSA 507-H:6, I, d).

15-day deadline to cease processing after revocation (RSA 507-H:6, I, f).

Protection for teenagers between 13 and 15 years old (RSA 507-H:6, I, g).

Appeal process described with a 60-day deadline.

Non-discrimination policy for consumers who exercise their rights.

Free service once per year per consumer.

1. Does the NHDPA require a document specifically called a "Privacy Policy"?
The law requires a clear and meaningful Privacy Notice in a reasonably accessible format, under RSA 507-H:6, III. In practice, it is the Privacy Policy. What the law specifies is the minimum required content, with seven elements listed directly in the text of the law.

2. How many DSAR requests per year are free of charge?
Once per year per consumer, under RSA 507-H:4, III, c. From the second request within the same 12-month period, the business may charge a reasonable fee or refuse if it considers the request excessive, but must prove the excessive nature of the request.

3. How often should the Privacy Policy be reviewed?
Whenever there is a material change in processing practices. The law requires the date of last update to be visible in the document (RSA 507-H:6, III, g). The data protection officer should monitor changes in the tools used on the site and trigger an update when necessary.

4. What changed in enforcement from 2026?
In 2025, the Attorney General was required to give 60 days to cure before filing a lawsuit (RSA 507-H:11, II). From 2026, the cure period is discretionary (RSA 507-H:11, III). The Attorney General may or may not grant the period, considering factors such as the number of violations, company size, and probability of harm to the public.

5. Does the Privacy Policy need to cover the protection of teenagers?
Yes. RSA 507-H:6, I, g prohibits targeted advertising and data sale for consumers between 13 and 15 without consent, when the business has knowledge of this age range. If the site may have teenage users, the Policy must mention this protection.

With AdOpt, you're covered.

Ready to build a Privacy Policy for your site that complies with the NHDPA? Talk to our team.