Law / Nebraska

Nebraska

age

Nebraska has enacted laws in three of the four age-gating families. The Online Age Verification Liability Act (LB 1092, 2024) has required age verification for websites where a substantial portion of content is harmful to minors since July 19, 2024, and remains in effect.

The Age-Appropriate Online Design Code Act (LB 504, 2025, broadened by LB 838 in 2026) became operative January 1, 2026 and requires covered online services to give minors user controls, default high privacy settings, and limits on addictive design features and targeted advertising.

The Parental Rights in Social Media Act (LB 383, 2025) would require age verification and parental consent for minors on social media, but a federal court preliminarily enjoined its age verification and parental consent provisions on June 27, 2026, days before their planned July 1, 2026 effective date, on First Amendment grounds; the act's parental monitoring provisions were not enjoined. Nebraska has no app store or device level age verification law.

privacy

The Nebraska Data Privacy Act (NDPA), Neb. Rev. Stat. sections 87-1101 to 87-1130, is Nebraska's comprehensive consumer-privacy regime. This document drops the carried seed's unsupported 'Ch. 87 Art. 8' label: the official Nebraska Revised Statutes site prints no Article subdivision on the self-citing section, only the chapter and section numbers.

Enacted as part of omnibus Legislative Bill 1074 (108th Legislature), approved by the Governor April 17, 2024, effective January 1, 2025 per consistent secondary reporting. Genetic or biometric data processed to identify a person is one of NDPA's enumerated sensitive-data categories, confirming the carried seed's sensitive_biometric_restriction value of True on that question.

Separately, Nebraska's biometric-data definition claws back data generated from a photograph, video, or audio recording the moment it is generated to identify someone, so a recording-derived identifier still reaches the sensitive category. A separate, older statute, Neb. Rev. Stat. section 87-803, governs breach notification. The Attorney General has exclusive enforcement authority, with a mandatory 30-day cure right carrying no sunset date in the text read; there is no private right of action.

16 instruments named 9 researched in detail As of 2026-08-27

Instruments

Each one links to its LexLint note, which carries what it requires and what it flags on.

Adult content age verification (AV)

LB 1092 (2024), Online Age Verification Liability Act

cite Neb. Rev. Stat. §§ 87-1001 to 87-1005 stage IN FORCE in force since 2024-07-19 source official Nebraska Revised Statutes text

Creates civil liability for a commercial entity that knowingly or intentionally publishes or distributes material harmful to minors on the internet, where such material makes up a substantial portion (more than one third) of the site's content, without performing reasonable age verification of Nebraska users.

Note and primary source

Age-appropriate design code

LB 504 (2025), Age-Appropriate Online Design Code Act

cite Neb. Rev. Stat. §§ 87-1301 to 87-1311 stage RECENT in force 8 months effective 2026-01-01 source official chaptered bill text, Nebraska Legislature

Requires a covered online service (over $25 million in annual revenue that derives at least half its revenue from selling or sharing personal data) to give minors accessible controls over addictive design features such as infinite scroll and push notifications, default to the highest available privacy and safety settings, limit profiling and targeted advertising to minors, and restrict sharing of precise geolocation data.

Note and primary source

LB 838 (2026), amendments broadening the Age-Appropriate Online Design Code Act

cite Neb. Rev. Stat. §§ 87-1301 to 87-1311, as amended stage NEW in force 42 days effective 2026-07-18 source official chaptered bill text, Nebraska Legislature

Broadens which businesses count as a covered online service under the Age-Appropriate Online Design Code Act, applying it to a business that derives a majority of its annual revenue from online services and either has more than $25 million in annual revenue or processes the personal data of 50,000 or more consumers, households, or devices. Approved by the Governor on April 14, 2026; the design code sections become operative July 18, 2026, three calendar months after the session's adjournment.

Note and primary source

Breach notification

Nebraska Financial Data Protection and Consumer Notification of Data Security Breach Act

cite Neb. Rev. Stat. § 87-803 stage IMMINENT commencement not set source official Nebraska statute text, Neb. Rev. Stat. § 87-803

An individual or commercial entity conducting business in Nebraska that owns or licenses computerized data including personal information about a Nebraska resident must, upon becoming aware of a breach of security, conduct a reasonable and prompt investigation and, where notice is required, also notify the Attorney General no later than when notice is provided to the affected resident.

This provision is in force under the current codified text; the underlying research did not establish a dated original commencement, so no effective_date is recorded here.

What it asks of an app

Comprehensive regime

Nebraska Data Privacy Act (NDPA), general applicability and controller/processor duties

cite Neb. Rev. Stat. §§ 87-1101, 87-1107 to 87-1114 stage IN FORCE in force since 2025-01-01 source official Nebraska statute text, Neb. Rev. Stat. §§ 87-1101 to 87-1130

NDPA governs private-sector processing of Nebraska residents' personal data. Enacted as part of omnibus Legislative Bill 1074 (108th Legislature), approved by the Governor April 17, 2024, effective January 1, 2025 per consistent secondary reporting; the enactment date is corroborated by the slip law's own title as reported, rather than independently fetched through the reader in this pass. Controller and processor duties are allocated across sections 87-1107 to 87-1114.

What it asks of an app

Data subject rights

Nebraska Data Privacy Act, consumer rights

cite Neb. Rev. Stat. § 87-1108 stage IN FORCE in force since 2025-01-01 source official Nebraska statute text, Neb. Rev. Stat. § 87-1108

NDPA gives a Nebraska consumer rights consistent with the other states researched in this batch, access, correction, deletion, a portable copy, and opt-out of targeted advertising, sale, and qualifying profiling, structure inferred from a cross-reference in the response-timing provision rather than independently pulled verbatim from the rights-granting section itself in this pass.

A controller must respond without undue delay and within 45 days after receipt of the request, with one 45-day extension available.

What it asks of an app

Enforcement supervision

Nebraska Data Privacy Act, Attorney General enforcement

cite Neb. Rev. Stat. §§ 87-1119, 87-1122, 87-1124, 87-1125 stage IN FORCE in force since 2025-01-01 source official Nebraska statute text, Neb. Rev. Stat. §§ 87-1119, 87-1122, 87-1124, 87-1125

The Nebraska Attorney General has exclusive authority to enforce NDPA. Before bringing an action, the Attorney General must give a controller or processor 30 days' written notice identifying the specific provisions violated; no sunset date for this cure right appears in the text read, unlike Connecticut's and Delaware's time-limited cure windows or Montana's eliminated one. Civil penalties run up to $7,500 per violation, and the Act creates no private right of action.

What it asks of an app

Sensitive categories

Nebraska Data Privacy Act, sensitive data and biometric data definitions

cite Neb. Rev. Stat. § 87-1102(3), (30) stage IN FORCE in force since 2025-01-01 source official Nebraska statute text, Neb. Rev. Stat. § 87-1102

NDPA classifies data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexual orientation, or citizenship or immigration status, genetic or biometric data processed to uniquely identify an individual, a known child's data, and precise geolocation data as sensitive data.

'Biometric data' means data generated to identify a specific individual through automatic measurement of a biological characteristic, including a fingerprint, voice print, retina image, or iris image, and is structured slightly differently in wording from the Connecticut, Oregon, Montana, and Delaware definitions (opening with the identification purpose rather than excluding then clawing back), but reaches the same operative result: a raw recording is excluded, except when generated to identify a specific individual.

What it asks of an app

Social media and minors

LB 383 (2025), Parental Rights in Social Media Act

cite Neb. Rev. Stat. §§ 86-1701 to 86-1705 stage ENJOINED enforcement paused by a court effective 2026-07-01 source official Nebraska Revised Statutes text

Would require social media companies to verify the age of prospective account holders using a reasonable age verification method and to obtain a parent's express, verified consent before a minor may hold an account, with parental tools to view messages, control privacy settings, and limit time on the platform.

Note and primary source

This summary covers the instruments LexLint has researched to a stage. Instruments named in the corpus but not yet researched are counted above and are not listed here. Every entry carries its own primary source on its note page. This is a research index, not legal advice.