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Utah (UCPA) Privacy Law Compliance

The Utah Consumer Privacy Act (effective December 31, 2023) is the most business-friendly comprehensive state privacy law — narrow thresholds, fewer rights (no correction, no profiling opt-out), opt-OUT (not opt-in) for sensitive data, and a mandatory 30-day cure period that has not sunset. Many SMBs fall below the dual revenue + volume threshold.

Statute
Utah Consumer Privacy Act
Utah Code §13-61-101 et seq.
Effective
Dec 31, 2023
Enforcer
Utah Attorney General
(Department of Commerce investigates)
Consumer rights
5
7 business obligations
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Who must comply

Exemptions

Consumer rights (5)

Right to access / know
Confirm whether personal data is processed and obtain a copy in a portable format
Right to delete
Request deletion of personal data the controller has collected
Right to data portability
Receive data in a portable, machine-readable format
Right to opt out of sale
Opt out of the sale of personal data to third parties
Right to opt out of targeted advertising
Opt out of cross-context behavioural advertising

Business obligations (7)

Public privacy notice
Clear, accessible notice of categories collected, purposes, third parties, rights, and contact channel
Rights response within 45 days
Respond to consumer rights requests within 45 days (extendable by 45 more with notice)
Data processing agreements
Written contracts with processors restricting their processing to the controller's documented instructions
Reasonable security practices
Administrative, technical, physical safeguards appropriate to the data's sensitivity
Data minimisation + purpose limitation
Collect only what is adequate, relevant, and reasonably necessary for the disclosed purposes
Opt-out for sensitive data
Provide clear notice + opt-out (NOT opt-in) for sensitive data processing
Children opt-in
Opt-in for processing data of children under 13 (COPPA-aligned)

Required privacy notice elements

  1. Categories of personal data processed
  2. Purpose of processing
  3. How consumers exercise rights
  4. Categories of personal data shared with third parties
  5. Categories of third parties
  6. Active method to submit rights requests
  7. Clear + conspicuous notice of sale / targeted advertising with opt-out
  8. Clear + conspicuous notice of sensitive data processing with opt-out
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Penalties

Civil penalty per violation
Up to $7,500
Utah Code §13-61-402
Actual damages
Recoverable
AG enforcement
30-day cure period
Mandatory (not sunset)
§13-61-402(2)(c)

Common compliance pitfalls

Assuming you're exempt without revenue check
Utah requires BOTH $25M revenue AND volume threshold — both must be met. Many SMBs over the 100K threshold are still exempt because they're under $25M revenue. Document the analysis.
No data protection assessments required
Unlike Virginia/Colorado/Connecticut, UCPA does NOT require DPAs — but DPAs you already do for other states still serve as evidence of reasonable security.
Sensitive data opt-out missing
Even though UCPA is opt-out (not opt-in) for sensitive data, you still must provide CLEAR + CONSPICUOUS notice + a mechanism. 'Buried in the privacy policy' fails.

FAQ

Why is Utah considered the lightest state law?
Higher entry threshold ($25M revenue), fewer rights (no right to correct, no profiling opt-out), opt-out instead of opt-in for sensitive data, mandatory non-sunsetting 30-day cure period, no UOOM mandate, no private right of action, fewer enforcement actions.
Do I need a separate Utah privacy notice?
No — most controllers handle Utah within a unified privacy notice that addresses each state's requirements. Ensure the sale/targeted ads notice + opt-out are clear + conspicuous.
How does UCPA differ from CCPA?
UCPA is much narrower: no correction right, no profiling opt-out, no Universal Opt-Out Mechanism, no DPA requirement, no GPC mandate, sensitive data is opt-OUT (CCPA is right-to-limit), higher entry threshold.

Related state laws

Texas (TX)
TDPSA
Virginia (VA)
VCDPA
Colorado (CO)
CPA

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