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Navigating the Montana Consumer Data Privacy Act (MCDPA): Key Details

In this infographic, you will learn:

  • Scope, applicability, and exemptions under MCDPA.
  • Key definitions and organizational obligations.
  • Data subject rights and enforcement authority.
  • How to operationalize MCDPA.

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Montana’s Consumer Data Privacy Act (MCDPA), officially titled An Act Relating to Consumer Data Privacy, is encapsulated within Senate Bill 384. It marks a significant step in the state’s efforts to enhance data privacy protections for Montana residents.

With increasing emphasis on consumer privacy across the U.S., MCDPA empowers individuals by granting them control over their personal data while establishing specific obligations for businesses that process such data.

MCDPA mandates organizations to adhere to obligations such as data minimization, purpose limitation, security measures, non-discrimination, transparency, and consumer consent requirements. Additionally, businesses must conduct data protection assessments and ensure compliance with processor requirements.

The law grants consumers fundamental data rights, including the right to access, confirm, correct, delete, obtain a copy, and opt out of data processing for targeted advertising and data sales.

MCDPA

Frequently Asked Questions

Montana’s Consumer Data Privacy Act (MCDPA) is a statewide privacy law designed to protect residents’ personal data. It applies to businesses operating in Montana that process personal data of 50,000+ consumers (or 25,000 annually) and derive over 25% of their revenue from selling data.

The Montana Attorney General enforces the MCDPA, conducts investigations, and issues penalties. Before taking action, the Attorney General gives businesses a 60-day cure period to address any violations.

Organizations that fail to comply with MCDPA or rectify violations within the cure period may be fined up to $7,500 per violation.

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