In Legal, Web

On June 12th, the Nevada Legislature adopted provisions to protect Internet privacy NVSB538/2017.

With the bill from Sen. Aaron Ford, Nevada joined a wave of roughly a dozen states that have taken up measures in the last two months to enhance internet privacy laws following the defeat of protections proposed on the federal level. In April, President Donald Trump signed a law that could allow internet providers to sell information about their consumers’ online browsing habits. It nullified a regulation from the Federal Communications Commission that aimed to block broadband providers from mining people’s internet histories for profit, a rule that had not yet been implemented.

The law states:  AN ACT relating to Internet privacy; requiring certain operators of Internet websites or online services which collect certain information from residents of this State to provide notice of certain provisions relating to the privacy of the information collected by the operator; and providing other matters properly relating thereto.

The overall gist of this new law has to do with privacy policies on websites being available in a reasonably accessible way. The privacy policy that is then provided must satisfy a series of straightforward conditions laid out in the bill.

This law impacts you if your internet website collects ANY of the following information:

  1. A first and last name.
  2. A home or other physical address which includes the name of a street and the name of a city or town.
  3. An electronic mail address.
  4. A telephone number.
  5. A social security number.
  6. An identifier that allows a specific person to be contacted either physically or online.
  7. Any other information concerning a person collected from the person through the Internet website or online service of the operator and maintained by the operator in combination with an identifier in a form that makes the information personally identifiable. 

There are exclusions that you may qualify for:
Section 6 excludes from this requirement an operator who: (1) is located in this State; (2) derives its revenue primarily from a source other than online sales; and (3) whose Internet website or online service has fewer than 20,000 unique visitors per year.

Anyone with an internet website will want to examine the questions and exclusions of NV-SB538 while considering their requirements as it applies to the new law.  The term “operator” in the bill does not include a third party that operates, hosts or manages an Internet website or online service on behalf of its owner or processes information on behalf of the owner of an Internet website or online.

As developers and online support Stäfe Design and Development are not considered responsible for what our clients actually do on their website(s).  Only you as the business owner can make the determination for yourselves.  We are also not attorneys and do not offer any legal advice.  If you have questions pertaining to the new law, please consult the bill text and/or consult an attorney  NVSB538/2017

 

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