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The New Jersey Data Privacy Act (NJDPA, N.J. Stat. Section 56.8-166.4 et seq.), went into effect this past Jan. 15. Signed into law Jan. 16, 2024, the NJDPA represents New Jersey’s entry into the burgeoning field of data privacy laws, as it joins 18 other states that have passed such laws.
The NJDPA primarily affects large retailers, particularly those with substantial online operations. It also affects online advertising platforms, insurers, data brokers, and social media companies. The NJDPA clearly derives from its predecessors in the privacy field, but it also ventures beyond them in several ways.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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