Indiana Consumer Data Protection Act (INCDPA)
A practical compliance guide for website owners. Learn what Indiana's privacy law requires and how to implement it on your site.
Who Must Comply
Conducts business in Indiana or targets Indiana residents AND controls/processes personal data of 100K+ consumers, OR controls/processes data of 25K+ consumers and derives 50%+ of gross revenue from selling personal data
What Your Website Must Do
| Requirement | Status |
|---|---|
| Cookie consent banner | Recommended |
| Do Not Sell link | Required |
| Do Not Share link | Required |
| Honor GPC browser signals | Recommended |
| Universal opt-out mechanism | Not required |
| Sensitive data opt-in consent | Required |
Checked against the INCDPA on August 29, 2026. Read the source This is a summary, not legal advice.
Required Links & Notices
The INCDPA requires the following links or notices to be visible on your website:
- 1Privacy Policy
Enforcement & Penalties
Key Things to Know
The Indiana Consumer Data Protection Act (INCDPA) has applied in Indiana since January 1, 2026.
Who it covers: Conducts business in Indiana or targets Indiana residents AND controls/processes personal data of 100K+ consumers, OR controls/processes data of 25K+ consumers and derives 50%+ of gross revenue from selling personal data.
Do Not Sell and opt-out rights: residents may opt out of the sale of their personal data and opt out of targeted advertising. The choice has to be available without making the consumer hunt for it, and you may not degrade the service of someone who exercises it.
Global Privacy Control: INCDPA does not oblige you to honour a browser opt-out signal. Honouring GPC anyway is the simpler engineering choice, because twelve other states do require it and the signal does not say which state the visitor is in.
Cookie banner: INCDPA is an opt-out law, so it does not require the opt-in banner the GDPR does. What it does require is that the tracking you run for advertising can be switched off on request, which in practice means a preference control that actually blocks tags rather than a notice that only records a click. Sensitive data is the exception: that needs consent before you process it.
Enforcement: $7,500 per violation. 30-day cure period (no sunset). Enforced by the Indiana Attorney General.
How to Configure LegalBanner for INCDPA
- 1
Create your site
Sign up for free and add your website domain in the dashboard.
- 2
Set consent mode to "Opt-out"
In Settings, select the consent mode that matches Indiana's requirements.
- 3
Install the snippet
Add the one-line script tag to your website. The banner, opt-out links, and GPC support are automatic.
- 4
Generate your Privacy Policy
Use the built-in policy wizard to generate a INCDPA-compliant privacy policy.
Set up INCDPA compliance in 5 minutes
LegalBanner handles Indiana privacy requirements automatically — cookie banner, opt-out links, and GPC support included.
Frequently Asked Questions
When does the Indiana INCDPA take effect?
The INCDPA takes effect January 1, 2026. Businesses should begin preparing now to ensure compliance by the effective date.
Does Indiana require a cookie consent banner?
No. Indiana does not require opt-in cookie consent. You must provide opt-out mechanisms for targeted advertising and sale of personal data.
Does Indiana require honoring GPC signals?
No. Indiana does not require businesses to honor GPC or universal opt-out mechanisms.
What are the penalties for INCDPA violations?
Up to $7,500 per violation, enforced by the Indiana Attorney General. There is a permanent 30-day cure period.
How does Indiana compare to other state privacy laws?
Indiana is similar to Virginia and Iowa — moderate consumer rights, no GPC requirement, permanent cure period. It is more business-friendly than California, Colorado, or Connecticut.