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Can I prioritize privacy compliance to gain a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships in Nebraska? What are the requirements?
Prioritizing Privacy Compliance in Nebraska
Prioritizing privacy compliance in Nebraska can indeed give your business a competitive advantage, reduce the possibility of regulatory issues, and help secure valuable partnerships. To ensure compliance, you must adhere to the following requirements:
General Regulations
- The Nebraska Consumer Data Privacy Act (LB 746) is currently under review and, if passed, would require businesses to provide consumers with certain rights regarding their personal information, including the right to access, delete, and opt-out of the sale of their data [1.1].
- The Nebraska Information Privacy Act (Neb. Rev. Stat. §§ 87-801 to 87-807) requires businesses to notify individuals in the event of a data breach that involves personal information [1.1].
- The Health Insurance Portability and Accountability Act (HIPAA) applies to healthcare providers and requires them to protect the privacy and security of patients’ protected health information (PHI) [1.1].
- The Children’s Online Privacy Protection Act (COPPA) applies to websites and online services that collect personal information from children under the age of 13 [1.1].
- The General Data Protection Regulation (GDPR) applies to businesses that handle the personal data of individuals in the European Union [1.1].
Industry-Specific Regulations
The requirements for privacy compliance in Nebraska also depend on the specific industry and type of data being handled. Here are some examples:
- School districts and Educational Service Units (ESUs) must comply with the requirements of Chapter 10 and Chapter 84 of Title 92 of the Nebraska Administrative Code, respectively, to maintain accreditation [2.1].
- Issuers registering an offering falling within one or more of the statements of policy listed in subsection 002 of Chapter 48 of Title 92 of the Nebraska Administrative Code must comply with the requirements of said statement of policy or policies [3.1].
- Providers must permit the Department, the U.S. Department of Health and Human Services, and any other duly authorized agent or governmental agency to perform audits or inspections, or both, of its records. Providers must retain all financial records, supporting documents, statistical records, and all other records as directed by the Department. The provider may be required to prepare and submit a plan to the Department to address audit findings. Failure to comply with the requirements imposed upon certified providers in this chapter may result in reduction in or reimbursement of funds, or disciplinary action or termination of certification as provided for in 404 NAC 4, or other applicable law or regulation [4.1].
- Acceptable technology and practices must be capable of creating signatures that conform to requirements set forth in Neb. Rev. Stat. §86-611 [5.1].
- An issuer relying on Rule 48-18-02 of Chapter 48 of Title 92 of the Nebraska Administrative Code must meet several conditions, including having its principal office and more than fifty percent of its employees located in Nebraska, and filing a notice with the Nebraska Department of Banking and Finance no later than twenty days prior to any sales for which an exemption under this Rule is claimed [7.1].
It is important to consult with legal counsel to ensure that your business is in compliance with all applicable regulations.
Source(s):
- [1.1] Partnerships, Professional Corporations, Limited Liability Companies and other Permissible Forms of
- [2.1] Compliance is Mandatory
- [3.1] COMPLIANCE WITH STATEMENTS OF POLICY.
- [4.1] COMPLIANCE AUDITS.
- [5.1] Acceptable technology and practices must be capable of creating signatures that conform to requirements set forth in Neb.
- [7.1] CONDITIONS OF EXEMPTION.
Jurisdiction
Nebraska