Key point: With a new governor taking office in New Jersey later this month, the fate of rules proposed last year to implement the New Jersey Data Privacy Act (NJDPA) will be decided by the incoming administration.
On January 20, 2026, New Jersey’s governorship will pass from Governor Phil Murphy to Governor-elect Mikie Sherrill. Under the state’s rulemaking publication schedule, January 8 was the final deadline for the Murphy administration to adopt rules and transmit them for publication. The next biweekly deadline, January 23, occurs after the transition of the governorship.
Troutman Pepper Locke has confirmed that the New Jersey Division of Consumer Affairs has not yet adopted the proposed privacy rules implementing the NJDPA. As a result, the new administration will need to determine whether to adopt the rules as proposed, make changes to the rules upon adoption, solicit additional public comment for the rules, or restart the process. Companies affected by the proposal also may seek to engage the new administration proactively, which could further affect the course of the rulemaking.
The proposed privacy rules were published on June 2, 2025, and the proposal will expire unless the rules are adopted and filed for publication within one year of that date (i.e., June 2, 2026). That deadline can be extended to 18 months (i.e., December 2, 2026), if the agency decides to make substantial changes, in which case the agency will provide an additional period for public comment.
The change in administrations does not affect these deadlines, so the Division of Consumer Affairs is expected to take some action on the proposed privacy rules no later than June 2, 2026. Only time will tell whether the new administration will adopt the rules as proposed, adopt the proposal with minor changes, decide to make substantial changes requiring additional comment and a change in the adoption deadline, or restart the process anew. We will continue to monitor the new administration’s action with regard to the proposed privacy rules and provide updates in the future.
Please see our prior articles on the NJDPA and the proposed privacy rules for more details. As discussed in those articles, New Jersey’s law and proposed privacy rules generally align with requirements adopted in California and Colorado, but also include some new features that will impose additional compliance obligations.