🇺🇸Vermont Data Privacy and Online Surveillance Act

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Vermont Data Privacy and Online Surveillance Act

Vermont Data Privacy and Online Surveillance Act

Vermont Data Privacy and Online Surveillance Act is part of the United States state privacy-law framework. It regulates covered processing of personal data about Vermont residents and must be assessed separately from federal sectoral laws and other states' statutes.

Current official version

Effective status: January 1, 2028

Citation: Vermont Act 145 of 2026; 9 V.S.A. Chapter 63, subchapter 15

Source basis: Vermont Act 145 (S.71), as enacted and signed June 16, 2026.

Scope and applicability

The enacted Act applies at 35,000 consumers, 3,000 sensitive-data consumers, or 3,000 consumers whose data is sold, subject to its exemptions. Its lower sensitive-data and sale thresholds require separate applicability calculations.

Thresholds must be calculated using the law's defined consumer population and lookback period. Exemptions should be recorded at entity, data and processing-activity level; an exemption covering one regulated dataset should not automatically be applied to unrelated marketing, website, workforce or customer-support data.

Consumer rights

Consumers may access, correct and delete personal data, obtain portable data, opt out of targeted advertising and sale, and obtain a list of third parties to which the controller sold their data. Authorized agents may exercise specified opt-outs.

The operational workflow should authenticate requests without collecting excessive new data, meet the applicable response period, document extensions and denials, propagate deletion and opt-out decisions where required, and preserve evidence of the response and any appeal.

Controller and processor duties

Controllers must minimize collection, restrict incompatible material purposes, obtain consent for sensitive data, prohibit sensitive-data sale, publish detailed notices, contract with processors and conduct both data protection and profiling impact assessments where required.

Processor agreements should identify instructions, purpose, duration, data types, confidentiality, subprocessor controls, deletion or return, audit information and assistance with rights, security, breach response and assessments to the extent required by the statute.

State-specific point

The law includes online-surveillance and minimization provisions that go beyond the common state template. A temporary 60-day cure period applies from January 1, 2028 through June 30, 2029.

Enforcement and evidence

The Vermont Attorney General has exclusive enforcement authority under the Vermont Consumer Protection Act. Act 145 states that it does not create a private right of action.

Maintain an applicability memorandum, data map, notice versions, request and appeal logs, consent and opt-out records, processor contracts, assessment records, security evidence and a dated record of the official statutory version used. Recheck the official legislature and regulator sources before each scheduled legal review.

What this means for you

Use a shared multi-state privacy operating model, but configure it for this law's exact scope, exemptions, rights, deadlines, consent rules, opt-out signals, assessment triggers and enforcement provisions. Do not substitute a generic US privacy checklist for the state-specific controls.

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