New Hampshire Just Made Selling Kids' Data Illegal – Here's What You Need to Know

If you thought reading terms of service was boring, try explaining to your legal team that your company just violated a brand-new state law banning the sale of minors' data. That's the reality for businesses operating in New Hampshire after Governor Chris Sununu signed HB 1590 into law on July 19, 2024. The law amends the New Hampshire Data Privacy Act (NHDPA) to prohibit the sale of personal data from individuals under 13 years old, effective January 1, 2027.

What Does the New Law Actually Prohibit?

The amendment adds a straightforward prohibition: no controller may sell the personal data of a minor under 13. It doesn't matter if you have consent from a parent or guardian – the sale is outright banned. This goes beyond the existing NHDPA, which already required opt-in consent for selling data of minors aged 13 to 16. Now, for the under-13 crowd, it's a flat-out no.

Think of it like this: selling a kid's data is now as illegal as selling them a beer. Except the fine might be bigger.

Featured Snippet Bait: When Does the Ban Take Effect?

The ban on selling personal data of minors under 13 takes effect on January 1, 2027. Businesses have until that date to review their data practices, update policies, and ensure compliance.

Who Does This Apply To?

The law applies to any controller that processes personal data of New Hampshire residents and meets certain thresholds under the NHDPA. If you're a business that collects data from kids – think edtech apps, gaming platforms, or even a local pizza joint that runs a birthday club – you need to pay attention.

And yes, "sale" is defined broadly under the NHDPA as the exchange of personal data for monetary or other valuable consideration. So if you're sharing data with advertisers in exchange for ad space, that could count as a sale.

What Should Businesses Do Now?

You have until 2027, but don't wait until 2026 to start. Here's a quick checklist:

• Audit your data collection practices for any minors under 13.
• Identify any instances where you might be selling or sharing that data.
• Update your privacy policy to reflect the new prohibition.
• Train your staff on the new requirements.
• Consult with legal counsel to ensure compliance.

For more details, check out the full text of the HB 1590 on the New Hampshire General Court website.

What About Other States?

New Hampshire joins a growing list of states that have enacted or are considering similar protections for minors' data. California, Colorado, and Connecticut already have laws that restrict the sale of minors' data. The trend is clear: kids' data is getting special treatment under state privacy laws.

If you're a multi-state business, you might want to adopt a uniform policy that treats all minors under 13 as off-limits for data sales. It's simpler than trying to track which state a user is in.

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