Montana Consumer Data Protection Act

Montana might be known for its vast landscapes and breathtaking scenery, but it's also making strides in the world of data privacy. The Montana Consumer Data Protection Act (MCDPA) took effect on October 1, 2024, granting Montana residents new rights regarding their personal information and imposing obligations on businesses that handle their data.

Key Provisions of the MCDPA:

  • Consumer Rights:

    • Right to Access: Consumers can request access to their personal data.

    • Right to Correction: Consumers can request correction of inaccurate personal data.

    • Right to Deletion: Consumers can request deletion of their personal data.

    • Right to Opt-Out: Consumers can opt-out of the sale of their personal data or its use for targeted advertising and profiling.

    • Right to Data Portability: Consumers can request a copy of their personal data in a portable format.

  • Business Obligations:

    • Provide a Privacy Notice: Clearly inform consumers about your data practices.

    • Respond to Consumer Requests: Respond to consumer requests within 60 days.

    • Implement Reasonable Security: Protect personal data with appropriate security measures.

    • Conduct Data Protection Assessments: Assess risks for processing activities like targeted advertising, profiling, and the processing of sensitive data.

    • Obtain Consent: Obtain consent before processing sensitive data.

  • Sensitive Data:

    • The MCDPA provides heightened protection for sensitive data, including information about race, religion, health, sexual orientation, and precise geolocation. Businesses must obtain consent to process this type of data.

Who does the MCDPA apply to?

The MCDPA applies to businesses that conduct business in Montana or provide products or services to Montana residents and meet one of the following thresholds:

  • Control or process the personal data of at least 50,000 consumers.

  • Derive 25% or more of their gross revenue from selling personal data and control or process the personal data of at least 25,000 consumers.

Why is the MCDPA important?

The MCDPA is a significant step in protecting consumer data privacy in Montana. It's essential for businesses to understand and comply with the MCDPA to avoid legal and financial risks, build trust with customers, and foster a culture of responsible data handling.

How Aetos Can Help:

Aetos Data Consulting provides expert guidance and support to help businesses navigate the complexities of the MCDPA. Our services include:

  • MCDPA compliance audits

  • Policy development and implementation

  • Training and awareness programs

  • Data subject request management

Contact us today to learn more about how we can help your business achieve and maintain MCDPA compliance.

Check out other state laws