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2026 Privacy Readiness: Kentucky & Indiana Compliance Checklist

2026 Privacy Readiness: Kentucky & Indiana Compliance Checklist

Effective January 1, 2026, both Kentucky and Indiana will enforce comprehensive consumer data privacy laws. Use this checklist to assess your readiness and identify key compliance gaps:

Determine If the Laws Apply to You

  • We process the personal data of 100,000+ KY or IN residents annually

  • OR we process data of 25,000+ KY or IN residents and derive 50%+ revenue from data sales

  • We’ve confirmed we are not exempt (e.g., nonprofit, HIPAA/GLBA-covered entity, utility, higher education)

Review and Update Privacy Notices

  • Our privacy policies are accessible, clear, and reflect current data practices

  • Notices include categories of data collected, purposes, consumer rights, and third-party disclosures

  • We specify how consumers can exercise their rights and opt out of certain data uses

Map and Classify Your Data

  • We’ve inventoried all personal data collected, stored, and processed

  • We’ve identified sensitive data (e.g., health, biometric, race/ethnicity, children’s data)

  • We track how and where data flows, including vendors and third parties

Ensure You Can Support Consumer Rights Requests

  • We have a process to confirm and respond to access, correction, and deletion requests

  • We can provide personal data in a portable format

  • We offer opt-outs for:

    • Data sales

    • Targeted advertising

    • Profiling that affects legal or significant decisions

  • We collect opt-in consent before processing sensitive data

  • For known children under 13, we comply with parental consent under COPPA

  • We have records of when and how consent was obtained

Assess Vendor and Processor Relationships

  • Contracts clearly define roles, responsibilities, and data handling practices

  • We ensure processors assist with compliance, security, and consumer rights

  • We’ve reviewed and updated contracts to reflect new legal requirements

Prepare for Data Protection Assessments (DPAs)

  • We understand when DPAs are required (e.g., for targeted ads, sensitive data, profiling)

  • We’ve started or scheduled assessments for high-risk processing activities

  • We can document our risk-benefit analysis for processing activities

  • We are prepared to share DPAs with the Attorney General if requested

Train Your Team

  • Staff understand consumer privacy rights and how to respond

  • We provide role-specific training for those who handle personal data

  • Training covers new policy updates and ongoing compliance responsibilities

Plan for Enforcement & Deadlines

  • We’re tracking key dates:

    • January 1, 2026 – Laws go into effect

    • June 1, 2026 – Kentucky DPIA requirements begin

  • We understand enforcement will be led by the Attorney General and includes a 30-day cure window

Need Help With Compliance?

Clark Schaefer Consulting can guide you through the entire compliance process—from data mapping and DPIAs to policy updates and team training. Let’s build a proactive privacy strategy that protects your business and earns customer trust. Connect with us to get started.

Expert Contributors

Carly Devlin

Shareholder, Chief Information Security Officer
We're always excited to address challenges for our clients and to bring the best solutions for their situation to the table.
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