General requirements to tell customers, employees, or the public when AI is being used in decisions. Here is what New Jersey businesses need to know in 2026.
New Jersey does not yet have a specific law for this use case, but A4115 — Automated Decision Systems. Requires impact assessments for automated decision systems affecting employment and housing.
State law does not replace federal law — you must comply with both. These federal rules apply to ai disclosure nationwide:
New Jersey's A4115 — Automated Decision Systems often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in New Jersey is 2027. The law is still developing — monitor for final rules.
New Jersey penalties for AI non-compliance: TBD. While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. New Jersey's A4115 — Automated Decision Systems applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like ai disclosure, consider hiring an independent third-party auditor to validate compliance.
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