Skip to content
C/

Compliance guide · New Zealand

Startup compliance in New Zealand: the Privacy Act 2020 and IPP 3A.

The Privacy Act 2020 and its information privacy principles, mandatory breach notification, the new IPP 3A on indirect collection from May 2026, and the Unsolicited Electronic Messages Act.

New Zealand’s Privacy Act 2020 is principles-based and applies to overseas businesses carrying on business in New Zealand. Serious privacy breaches must be notified.

From 1 May 2026, a new principle (IPP 3A) requires agencies to tell people when they collect their information from someone else, which affects data enrichment, referrals and background checks.

Core data law
Privacy Act 2020
Regulator
Office of the Privacy Commissioner
Breach notice
Notifiable privacy breaches, as soon as practicable
New
IPP 3A indirect collection notices from 1 May 2026
Marketing
Unsolicited Electronic Messages Act 2007
Penalties
Fines up to NZ$10,000 for offences; compliance notices

Who needs to comply

Businesses with a New Zealand presence or carrying on business there

The Act applies to overseas agencies carrying on business in New Zealand.

Businesses collecting data from third parties

IPP 3A requires notice to the individual when information is collected indirectly.

The laws, in detail

01

Privacy Act 2020

Thirteen information privacy principles, breach notification and cross-border disclosure.

When it applies

Agencies in New Zealand, and overseas agencies carrying on business there.

What you must do

  • Collection, notice, security, access and correction under the IPPs
  • Notify the Commissioner and affected people of serious-harm breaches
  • Safeguards for overseas disclosures (IPP 12)
  • IPP 3A notice for indirect collection from 1 May 2026

Regulator

Office of the Privacy Commissioner

Penalties

Compliance notices, Human Rights Review Tribunal damages and fines up to NZ$10,000 for offences.

02

Unsolicited Electronic Messages Act 2007

Commercial emails and texts.

When it applies

Sending commercial electronic messages with a New Zealand link.

What you must do

  • Consent
  • Sender identification
  • Functional unsubscribe

Regulator

Department of Internal Affairs

Penalties

Civil penalties.

03

Harmful Digital Communications Act 2015

Harmful online communications and a safe-harbour process for online content hosts.

When it applies

Online content hosts and users in New Zealand.

What you must do

  • Complaints process to keep safe harbour
  • Respond to notices within 48 hours

Regulator

Netsafe; courts

Penalties

Orders and criminal offences.

04

Fair Trading Act 1986

Misleading conduct, unsubstantiated claims and unfair contract terms in consumer and small business contracts.

When it applies

Businesses trading with New Zealand customers.

What you must do

  • Substantiate claims about products, privacy and AI
  • Avoid unfair standard-form terms

Regulator

Commerce Commission

Penalties

Fines and orders.

05

Customer and Product Data Act 2025

A consumer data right enabling secure sharing of customer data with accredited requestors.

When it applies

Designated sectors, starting with banking.

What you must do

  • Respond to authorised data requests in designated sectors
  • Accreditation for data requestors

Regulator

Ministry of Business, Innovation and Employment

Penalties

Penalties under the Act once designations apply.

Compliance checklist

01 · Before you launch

  • Privacy statement aligned with the IPPs
  • Check IPP 12 for overseas disclosures

02 · At launch

  • Breach notification process
  • IPP 3A notices for indirectly collected data

03 · As you scale

  • Review AI use under the Commissioner’s guidance
  • Marketing consent records

Key dates

  1. 1 Dec 2020Privacy Act 2020 in force
  2. 23 Sep 2025Privacy Amendment Act 2025 assented
  3. 1 May 2026IPP 3A in force

Common mistakes

  • No notice for data obtained from partners or enrichment vendors
  • Late breach notification

FAQs

Does the Act apply to foreign SaaS companies?

It can, if they carry on business in New Zealand, even without a local office.

Sources

Reviewed 12 October 2026. General information, simplified for planning; not legal advice. Check current law before relying on any requirement, and get advice for your facts. For markets outside India, advice is coordinated with locally qualified counsel.

Other markets

Ready when you are

Launching in New Zealand? Let’s map it together.

Tell me what you’re building. I’ll tell you what you need. No obligation.

Book an intro call