New Jersey’s 2025 Data Privacy Law Meets Cannabis E‑Commerce: GPC, 15‑Day Opt‑Outs, and Age‑Gating

The regulatory landscape for online retail in New Jersey took a sharp turn with the enactment of the New Jersey Data Privacy Act (NJDPA), effective from January 15, 2025. For cannabis ecommerce operators, the law ushers in a new era of compliance—especially when it comes to honoring opt-outs, handling sensitive information, and protecting minors. Let’s break down what the NJDPA means for dispensaries, delivery services, and direct-to-consumer platforms dealing with New Jersey residents, and how businesses can adapt to remain compliant.

What Is the New Jersey Data Privacy Act (NJDPA)?

The NJDPA is a broadly scoped privacy law that grants New Jersey residents expanded rights over their personal data collected, shared, or sold online. Notably, it takes direct aim at advertising, profiling, and data practices common to ecommerce—and ramps up expectations for businesses handling regulated products like cannabis. Among its hallmark provisions, the law:

• Mandates the honoring of universal opt-out signals (Global Privacy Control, or GPC) from July 15, 2025 onward.
• Requires businesses to process opt-outs of targeted advertising, data sales, and profiling within 15 days.
• Defines “sensitive data” to include precise geolocation, data about minors, certain financial info, and health data.
• Sets forth explicit transparency, data minimization, and data-security duties.

For a deep dive into the final regulations and legislative text, refer to the New Jersey Legislature website.

Who Must Comply?—Applicability to Cannabis Ecommerce

The law applies to anyone doing business in New Jersey—or targeting products or services to New Jersey residents—who meets one of these thresholds:

• Processes personal data of 100,000 or more NJ consumers annually (excluding payment transaction data), or
• Derives revenue from the sale of personal data and processes data for 25,000 or more NJ consumers annually.

For most cannabis ecommerce businesses with robust online storefronts, delivery, or loyalty programs, these data thresholds are easily met. This means dispensary operators, third-party delivery apps, and even hemp-focused CBD shops selling into New Jersey must review their platforms and policies for NJDPA compliance.

Key NJDPA Obligations for Cannabis Businesses

1. Honoring the Global Privacy Control (GPC) & Other Opt-Out Signals

By July 15, 2025, cannabis ecommerce platforms must configure their systems to detect and honor universal opt-out signals, such as those generated by Global Privacy Control. These browser and device-level tools let New Jersey residents opt out of:

• Targeted advertising and cross-site tracking
• The sale of their personal data
• Profiling for significant effects (such as eligibility determinations)

Takeaway: Retailers and tech teams must verify that their consent management platforms (CMPs), tag managers, and JavaScript frameworks recognize and act on the GPC signal. This means that if a user triggers GPC, your platform must stop tracking for ads—including via third-party pixels or analytics—across all web and mobile touchpoints, and propagate the opt-out downstream to all advertising vendors.

2. 15-Day Opt-Out Request Processing Window

NJDPA sets a more aggressive pace for responding to consumer privacy requests. Effective immediately, businesses must process opt-outs within 15 days. This deadline includes:

• Requests to be excluded from targeted advertising lists
• Do-not-sell requests
• Requests to stop certain profiling activities

Action steps:

• Automate intake, triage, and fulfillment for all opt-out requests.
• Document processes for honoring requests—even when received through GPC or other automated signals.
• Audit all user accounts (especially loyalty and rewards programs) for consistent opt-out application.

3. Handling “Sensitive Data”: Minors, Geolocation, & Financial Info

NJDPA classifies the following as sensitive personal data:

• Precise geolocation (within 1/3 mile)
• Personal data of minors under 13 (and with enhanced protections for those under 18)
• Certain financial or health data

For ecommerce businesses, this means:

• Consent is required before collecting or processing sensitive data. For example, precise store locator services or curbside pickup arrangements need clear, opt-in consent.
• Data on minors triggers additional scrutiny—especially if online age-gating is weak or not well documented. NJDPA expects robust age-verification and parental consent (for users under 13).
• All decision-making algorithms (profiling) involving sensitive data or minors must be documented, impact-assessed, and made available for regulatory review.

Next steps:

• Re-evaluate age-gating flows: minimize data collection, avoid retaining unnecessary identifiers, and separate age-verification data from marketing databases.
• Map all flows where you collect geolocation (website, mobile, delivery apps) and apply opt-in consent banners.

4. Transparency, Data Minimization, and Data-Protection Assessments

NJDPA layers traditional privacy best practices onto legally binding requirements:

• Privacy policies must be clearly accessible, updated, and disclose all categories of data collected, sale/processing practices, sharing with ad vendors, and opt-out procedures.
• Data minimization: Only collect what is necessary to fulfill the transaction or regulatory requirements. For age verification, avoid double collection (e.g., don’t store unneeded images of IDs).
• Conduct and document data protection assessments before launching new targeted advertising campaigns, especially when profiling involves sensitive data or minors.

For more on regulatory best practices, visit IAPP’s New Jersey hub.

5. Reconciling Loyalty & Rewards Programs with Opt-Out Rights

Many cannabis retailers run popular loyalty programs, which often leverage purchase data and push targeted offers. The NJDPA allows consumers to opt out of data sales, sharing, or targeted advertising without losing core program benefits.

• Do not penalize users for opting out—continually provide access to basic rewards and discounts.
• If additional data use is essential for extra perks, provide a clear, separate consent layer.
• Ensure back-end systems flag opt-outs and propagate status across all marketing platforms, CRM, and SMS/email tools.

Steps to Prepare for NJDPA Compliance

Update Consent and Tag Management Tools

Assess and upgrade your organization’s tag managers, consent-management solutions, and web infrastructure to automatically detect and respond to GPC and opt-out signals in real-time. This may require coordination with platform vendors, legal teams, and ad technology partners.

Tighten Age-Gating & Sensitive Data Flows

Strengthen age-verification—adopt only the minimum data necessary and architect flows to store sensitive verification data separately from marketing databases. Prepare clear scripts and banners to obtain opt-in consent for geolocation services.

Map Data Sharing and Targeted Ads

Build a comprehensive map of all third-party data sharing, especially with regard to advertising platforms, analytics providers, and loyalty program vendors. Ensure that when a consumer submits an opt-out—either via GPC or site forms—this preference propagates throughout your ecosystem.

Update Privacy Notices

Craft and publish updated privacy notices reflecting NJDPA rights, sensitive data processing, opt-out procedures, and contact information. Post notices in all digital touchpoints (websites, mobile apps, transactional emails).

Document Assessments and Risk Reviews

For any targeted advertising, automated profiling, or significant decision-making involving personal or sensitive data, conduct data protection impact assessments (DPIAs). Maintain documentation for possible inspection by regulators or auditors.

Enforcement and Penalties

The New Jersey Attorney General is charged with NJDPA enforcement. Notably, there is no private right of action. Instead, regulators can:

• Investigate and audit businesses.
• Issue compliance orders, penalties, and potentially mandate remediation.
• As of 2025, penalties can reach up to $10,000 per violation, with higher liability for systematic failures to honor opt-outs, especially for vulnerable users such as minors.

Hone your compliance culture now—public enforcement actions or investigations can rapidly erode consumer trust and drive headlines, especially in the regulated cannabis sector.

Key Takeaways for Cannabis Ecommerce in New Jersey

• Update digital infrastructure to immediately process universal opt-outs (GPC) and fulfill requests within 15 days.
• Tighten age-gating, sensitive data, and geolocation handling, ensuring parental consent for minors where necessary.
• Map and manage all data sharing with ad, analytics, loyalty, and CRM vendors.
• Maintain transparent privacy policies and robust procedures for data-protection assessments.

For tailored support navigating New Jersey’s privacy rules, visit https://cannabisregulations.ai/ and stay ahead of the evolving landscape. Your team’s compliance today ensures your business’s growth tomorrow.