How the thresholds work
There is no single federal privacy law in the US. A growing number of states have their own comprehensive privacy law, and most apply when you handle the personal data of a minimum number of that state's residents, or a smaller number plus a share of revenue from selling personal data. Where your company is based does not matter; where your customers live does.
| State | Applies if you control or process data of |
|---|---|
| Virginia | 100,000 consumers, or 25,000 plus over 50% of revenue from selling data |
| Colorado | 100,000 consumers, or 25,000 plus any revenue or discount from selling data |
| Connecticut (from 1 July 2026) | 35,000 consumers, or any sensitive data, or if you sell personal data |
| Utah | Over $25 million revenue plus 100,000 consumers, or 25,000 plus over 50% from sales |
| Texas | No volume threshold; small businesses as defined by the SBA are largely exempt |
| Oregon | 100,000 consumers, or 25,000 plus 25% or more of revenue from sales |
| Montana (from 1 October 2025) | 25,000 consumers, or 15,000 plus 25% from sales |
| Delaware | 35,000 consumers, or 10,000 plus over 20% from sales |
| Iowa | 100,000 consumers, or 25,000 plus over 50% from sales |
| Nebraska | No volume threshold, with a small-business exception |
California works differently, with a revenue test. See the CCPA guide and calculator.
What these laws usually require
- A privacy notice that explains what you collect and why
- Consumer rights: access, deletion, correction, portability, and opting out of targeted advertising, sale and certain profiling
- Consent before processing sensitive data, in most states
- Data protection assessments for higher-risk processing
- Honouring universal opt-out signals in some states (for example Texas, through a global device setting)
- Reasonable data security, and contracts with processors
The checker above tests the volume and revenue-share thresholds for the states you pick. It cannot test revenue figures it does not ask for, or the many exemptions (for example data covered by HIPAA or GLBA), so treat a "likely applies" as a prompt to check with counsel.
Sources
- Va. Code 59.1-576; Colorado Privacy Act (Colorado AG); Conn. Gen. Stat. 42-516
- Utah Code 13-61-102; Tex. Bus. & Com. Code 541; ORS 646A.572
- Montana DOJ; Del. Code tit. 6 ch. 12D; Iowa Code 715D.2; Neb. Rev. Stat. 87-1103
Facts checked against the sources above on 22 October 2026. General information, not legal advice.
