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Montana Consumer Data Privacy Act (MTCDPA)

Passed May 19, 2023
Effective Date October 1, 2024
Who it applies to

Entities that (1) do business in Montana or provide products or services targeted to Montana consumers; and (2) control or process data of 50,000+ consumers; or derive 25% revenue from selling data of 25,000+ consumers. Exempt entities include nonprofits, government agencies, higher education institutions, registered national securities associations, and financial institutions subject to the Gramm-Leach-Bliley Act (GLBA).

Penalties Not specified

What’s notable about it:

Montana’s MTCDPA is towards the “stricter” end of the comprehensive privacy law spectrum, with data protection assessments, the full suite of consumer rights, and an obligation to comply with browser-level cookie opt-outs. It does not require controllers to verify opt-out requests, streamlining the opt-out process for consumers.

Montana was also the first state to ban TikTok, which suggests that it could become one of the tougher privacy jurisdictions in the US.

The Strict Spectrum

Less Strict