Louisiana Joins the Club: What Businesses Need to Know About the Louisiana Data Privacy Act
On May 29, 2026, Louisiana’s Governor signed the Louisiana Data Privacy Act (“LDPA”) into law, making Louisiana the 22nd state, and the third in 2026, to enact a comprehensive state privacy law. The LDPA goes into effect on January 1, 2027. While businesses familiar with the Texas Data Privacy and Security Act (“TDPSA,” discussed in our prior alert here) will recognize much of the LDPA’s structure, several distinctive features warrant careful attention for businesses subject to the LDPA.
Applicability
The LDPA applies to any person or entity that does business in Louisiana and satisfies at least one of the following thresholds:
Has annual gross revenues in excess of $25 million;
Annually buys, receives, sells, or shares for commercial purposes the personal information of 75,000 or more Louisiana residents, households, or devices; or
Derives 50% or more of annual revenues from selling Louisiana residents’ personal information.
This structure is similar to the California Consumer Privacy Act (“CCPA”) and represents a significant departure from the thresholds used in most other comprehensive state privacy laws. Most notably, the revenue-based threshold may capture businesses, including those with few business-to-consumer sales, that would not be covered based on the processing of personal data or the volume thereof.
Exemptions
The LDPA exempts several types of entities, including financial institutions subject to the Gramm-Leach-Bliley Act, HIPAA covered entities and business associates, nonprofits, institutions of higher education, and electric public utilities. Data-level exemptions under the LDPA are broader than those found in most other comprehensive state privacy laws and encompass seventeen categories. Beyond the standard exemptions for protected health information under HIPAA, Fair Credit Reporting Act data, Family Educational Rights and Privacy Act and Driver’s Privacy Protection Act data, Farm Credit Act data, and employee and contractor data processed in the context of that relationship, the LDPA also exempts the following, among others:
health records;
certain patient identifying information;
identifiable private information used in human subjects research under certain federal frameworks;
Health Care Quality Improvement Act information;
patient safety work product; and
information collected solely for public health activities authorized under HIPAA.
Key Definitions
Consumer: The LDPA defines “consumer” to mean an individual who is a Louisiana resident acting only in an individual or household context. Individuals acting in a commercial or employment context are excluded, meaning employee personal data and business-to-business personal data fall outside the LDPA’s scope.
Sensitive Data: Controllers must obtain affirmative consent before processing a consumer’s sensitive data. Consistent with other comprehensive state privacy laws, the LDPA defines “sensitive data” to include:
personal data revealing racial or ethnic origin, religious beliefs, mental or physical health diagnosis, sexuality, or citizenship or immigration status;
genetic or biometric data processed to uniquely identify an individual;
personal data collected from a known child (under 13); and
precise geolocation data.
Sale of Personal Data: The LDPA defines “sale of personal data” as the exchange of personal data for monetary or other valuable consideration by the controller to a third party. Businesses engaged in data-sharing arrangements that involve non-monetary benefits should assess whether those arrangements constitute a “sale” under the LDPA. Standard exemptions from the definition of “sale” apply for disclosures to processors or affiliates, consumer-directed disclosures, and transfers in connection with mergers and acquisitions.
Compliance
Controllers subject to the LDPA must provide consumers with a reasonably accessible and clear privacy notice disclosing the categories of personal data processed, the purposes of processing, and the process by which consumers may exercise their rights. The LDPA imposes two prescriptive notice requirements found in the TDPSA, but not in most other comprehensive state privacy laws: (1) if a controller sells sensitive personal data, it must post the notice “NOTICE: We may sell your sensitive personal data.” in the same manner as its general privacy notice; and (2) if a controller sells biometric personal data, it must similarly post “NOTICE: We may sell your biometric personal data.”
The LDPA requires controllers to conduct and document data protection assessments for higher-risk processing activities, including targeted advertising, the sale of personal data, processing sensitive data, profiling that presents a reasonably foreseeable risk of (i) unfair or deceptive treatment of or unlawful disparate impact on consumers; (ii) financial, physical, or reputational injury to consumers; (iii) an intrusion on the solitude or seclusion, or the private affairs, of consumers that would be offensive to a reasonable person; or (iv) other substantial injury to consumers; and any other processing presenting a “heightened risk of harm.” Assessments are confidential but the Attorney General may request them through a civil investigative demand.
Controllers must also recognize universal opt-out preference signals, such as browser or device-level signals, through which consumers may opt out of targeted advertising and the sale of personal data. Importantly, the LDPA specifies that qualifying opt-out signals may not rely on a default setting; they must reflect an affirmative, freely given, and unambiguous choice by the consumer to opt out.
Consumer Rights and Requests
The LDPA grants Louisiana residents the following rights, consistent with the rights established under other comprehensive state privacy laws:
Right to Access: Consumers may confirm whether a controller is processing their personal data and access that data.
Right to Correction: Consumers may request correction of inaccuracies in their personal data.
Right to Deletion: Consumers may request deletion of personal data provided by or obtained about them.
Right to Data Portability: If available in a digital format, consumers may obtain a copy of personal data they previously provided to the controller in a portable and, to the extent technically feasible, readily usable format.
Right to Opt Out of Sale: Consumers may opt out of the sale of their personal data, including through a designated authorized agent or a qualifying opt-out signal.
Right to Opt Out of Targeted Advertising: Consumers may opt out of the processing of their personal data for targeted advertising purposes.
Right to Opt Out of Profiling: Consumers may opt out of profiling in furtherance of a decision that produces a legal or similarly significant effect, such as decisions affecting financial and lending services, housing, insurance, healthcare, education enrollment, employment opportunities, criminal justice, or access to basic necessities such as food and water.
Controllers must respond to requests within 45 days of receipt, with the ability to extend by an additional 45 days when reasonably necessary. Controllers must establish a conspicuously available appeal mechanism and respond to appeals within 60 days. If an appeal is denied, the controller must provide the consumer with access to the Attorney General’s online complaint mechanism.
Enforcement
The LDPA does not include a private right of action. The Louisiana Attorney General has exclusive enforcement authority and may pursue violations as unfair and deceptive trade practices under Louisiana’s Unfair Trade Practices and Consumer Protection Law (“UTPCL”). The LDPA expressly excludes private rights of action otherwise available under the UTPCL.
From January 1, 2027 through July 31, 2027, the Attorney General must provide written notice at least 30 days before initiating an investigation, identifying the specific provisions alleged to be violated. The Attorney General may not proceed with the investigation if the business cures the alleged violation within the 30-day period. This cure period sunsets, meaning it will no longer be available, after July 31, 2027. This stands in contrast to the permanent cure periods available under some of the other comprehensive state privacy laws, such as those recently enacted in Oklahoma and Alabama.
Conclusion
The enactment of the LDPA represents the continued expansion of state-level data privacy regulation across the United States. While much of the LDPA will be familiar to businesses already operating under other comprehensive state privacy laws, its applicability thresholds, broad definition of “sale,” prescriptive sensitive and biometric data notices, and sunsetting cure period are features that require specific attention.
Businesses should assess their compliance programs promptly and ensure they are updated before January 1, 2027 and fully mature before the cure period sunsets on July 31, 2027. If you would like assistance with, or have any questions about, complying with the LDPA or other data privacy laws, or need assistance reviewing your data privacy practices, please contact one of our Data Protection attorneys. Check out our U.S. State Privacy Laws page for more information.