In a surprising flurry of legislation, Montana—along with Indiana and Tennessee—has joined the growing roster of U.S. states that have passed their own comprehensive privacy laws. The Montana Consumer Data Privacy Act (MCDPA) borrows much of its language and structure from Virginia’s privacy law, but it’s not quite identical.
Here’s a quick rundown on the most important aspects of the Montana privacy law.
Montana’s privacy law will go into effect on October 1, 2024.
For-profit businesses must comply with the Montana law if they do business in the state (or target Montana residents for their products/services), and meet at least one of the following conditions:
Montana consumers now have the following privacy rights:
Montana’s definition of personal data mirrors that of other privacy laws, and includes all information that is “linked or reasonably linkable to an identified or identifiable individual.” This covers everything from IP addresses to shopping habits.
Personal data does not include de-identified data or publicly available information.
As is the case with several other states, the Montana Consumer Privacy Act requires businesses to perform data protection impact assessments for certain types of processing activities. A DPIA is required for:
Montana’s privacy law does not specify a maximum fine for violations.
The MCDPA does not grant a private right of action to consumers, meaning they cannot sue a business over alleged violations.
The pace of state privacy legislation is picking up, with many states likely to pass their own laws in the near future. With each new law, compliance becomes a little more complicated to manage, especially for businesses without in-house privacy experts.
TrueVault US helps businesses of all sizes get compliant with privacy laws from across the country with one streamlined platform. Designed by attorneys, TrueVault US is a software solution that guides you at every step of the way, from onboarding vendors to responding to consumer privacy requests.
To learn more about how TrueVault US can help your business, contact our team today.
Disclaimer: This content is provided for general informational purposes only and does not constitute legal advice. This content is not a substitute for obtaining legal advice from a licensed attorney. The information on this page may be changed without notice and is not guaranteed to be complete, correct or up-to-date, and may not reflect the most current legal developments.