Uniform Deceptive Trade Practices Act: Privacy Policy and Related Online Provisions
Nebraska UDTPA Privacy Provisions
Other · Marketing · Children
Nebraska's deceptive trade practices statute makes it a deceptive practice to knowingly make a false or misleading statement in a published privacy policy about how personal information from the public is used, which works as Nebraska's online privacy policy accuracy rule. Later amendments added a ban on publishing sexually explicit depictions of minors or nonconsenting people (LB383, 2025) and, from 2027, duties on paid-ad social media platforms to verify advertisers' identities and fight impersonation scams (LB838, 2026).
- Where
- Nebraska
- Citation
- Neb. Rev. Stat. 87-302(a)(15), (a)(23), (a)(26); 87-303; 87-303.11
- Status
- In force
- Last amended
- 2027-01-01
- Enforced by
- Nebraska Attorney General; private injunctive actions
- People can sue
- Limited
- Penalties
- Civil penalty of up to $2,000 per violation recoverable by the Attorney General (87-303.11). Persons likely to be damaged may seek injunctions and, in some cases, costs and attorney's fees; no damages remedy under 87-303 (87-303(a)-(b)).
- Applies to
- Any person who, in the course of business, publishes or distributes a privacy policy regarding use of personal information submitted by the public (87-302(a)(15))
- Persons who make publicly available sexually explicit depictions of minors, trafficking victims, or nonconsenting persons (87-302(a)(23))
- Social media platforms that accept payment for advertising (87-302(a)(26), operative January 1, 2027)
What a privacy notice must say
- Do not knowingly make a false or misleading statement in a privacy policy, online or otherwise, about the use of personal information submitted by members of the public.Neb. Rev. Stat. 87-302(a)(15)
Practices it requires
- Do not produce, publish, distribute, monetize, or promote sexually explicit, obscene, or harmful-to-minors depictions of anyone under 18, a trafficking victim, or anyone who did not expressly and voluntarily consent to the depiction.Neb. Rev. Stat. 87-302(a)(23) · From 2025-09-03
- Paid-advertising social media platforms must verify advertiser identity, run impersonation detection and fraud detection programs, provide a user fraud-report tool and a law enforcement reporting process, investigate reports within five business days, and remove confirmed fraudulent ads within five business days.Neb. Rev. Stat. 87-302(a)(26) · From 2027-01-01
Sources
- Official text
- Neb. Rev. Stat. 87-302 (Nebraska Legislature)
- Neb. Rev. Stat. 87-303 (Nebraska Legislature)
- Neb. Rev. Stat. 87-303.11 (Nebraska Legislature)
- LB838 (2026) slip law, sec. 40 (sec. 27 operative January 1, 2027) (Nebraska Legislature)
- Revisor cross-reference table of effective dates, 2025 session (LB383 non-social-media sections: September 3, 2025)
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: effective_date null: the year the privacy-policy clause (a)(15) was added was not confirmed (the section's amendment history includes Laws 2003, LB 118). | Attribution of (a)(23) to LB383 (2025) is inferred from the source note (Laws 2025, LB383, sec. 25); LB385 (2025) also amended the section and its content was not checked. | last_amended is the future operative date (2027-01-01) of LB838 sec. 27 shown on the statute page.
Research reference, not legal advice.