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Montana Consumer Data Privacy Act (MCDPA)

Last Updated on July 4, 2024

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The Montana Consumer Data Privacy Act (MCDPA) was signed into law by Montana Governor Greg Gianforte on May 19, 2023, after the state legislature unanimously approved it. It will now come into effect on October 1, 2024.

The MCDPA applies to all entities that conduct business in Montana or produce products/services targeted to Montana residents and control or process the personal data of at least 50,000 consumers or derive more than 25% of their gross revenue from selling the personal data of at least 25,000 consumers.

With the MCDPA, Montana became the ninth state within the US to have such a comprehensive data privacy regulation. Consequently, it shares several aspects and provisions with some of the other state’s data regulations.


The Solution

Securiti empowers organizations to ensure compliance with each provision of Montana’s Consumer Data Privacy Act (MCDPA) with its plethora of products, which include, but are not limited to, AI-driven data discovery, DSR automation, universal consent management, autonomous documented accountability, data breach management, and vendor risk assessment.

Each of the solutions mentioned above is backed up by state-of-the-art artificial intelligence and machine-learning-based algorithms, making Securiti a market leader in providing data compliance and governance solutions.

Panama’s PDPL Solutiion

Request a demo today to learn how Securiti can help you and your organization comply with Montana’s Consumer Data Privacy Act.


Readiness Assessment

MCDPA Provisions

Automate regular internal assessments of various internal data-related activities and mechanisms to evaluate their effectiveness and make appropriate adjustments with our collaborative, multi-regulation readiness assessment system per MCDPA requirements.

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Texas

Auto Compliance Management

MCDPA Provisions

Automate compliance with MCDPA using Securiti common controls and tests.

Privacy Notice Management

Section(s): 7(5), 7(6)

Automate the generation and regular refresh of the privacy notice on your website that appropriately informs the users about your organization's data processing practices while complying with all applicable provisions of the MCDPA.

Privacy Notice Management
Universal Consent Management

Universal Consent Management

Section(s): 7(2)(a), 7(2)(b), 7(2)(d)

Monitor users’ consent status via a central dashboard to ensure compliance with the MCDPA’s consent-related provisions across all major data processing activities. This allows organizations to prevent any processing or potential transfer, sharing, or selling of data to third parties unless the users explicitly consent.

Cookie Consent Management

Section(s): 5(e), 7(2)(a), 7(2)(b), 7(2)(d), 7(4)

Automate your organization's entire cookie consent management to ensure all cookies used across the website comply with the legal requirements. Additionally, scan your website to classify cookies, deploy customized consent collection points, and link consent to individual users.

Cookie Consent
Panama Automate People Data Graph securiti

Sensitive Data Intelligence

Section(s): 2(3), 2(15), 2(16), 2(20), 2(24)

Leverage dedicated data mapping, classification, and cataloging modules to ensure you gain real-time insights related to your organization’s entire personal and sensitive data infrastructure via visualization of data sprawl.

Data Mapping Automation

Section(s): 7(1)(a)

Trace, classify & label data within your organization's data infrastructure to ensure appropriate security controls are enabled on the most sensitive data in your organization. Leverage the same module to identify sensitive files such as consent forms and financial statements and record them under appropriate categories.

Data mapping
DSR

Data Subject Rights Fulfillments

Section(s): 5, 6, 7(1)(c), 7(6)

Automate the entire process related to fulfilling consumer data rights-related requests with customized web forms and DSR request verification to gain real-time updates on the status of each request via the central dashboard.

Data Breach Management

Section(s): 8(b), Montana Code Section 30-14-1704

Track, manage, and mitigate potential data security incidents while automating data breach response notifications to all affected stakeholders as soon as legally obliged by leveraging a knowledge database on security incident diagnosis and response per global regulatory requirements.

Panama Assess Data Protection Measures securiti
Panama Automate Records of Processing Activities securiti

Data Protection Assessment Automation

Section(s): 9

Automate data protection assessments (DPAs) by leveraging pre-built compliance templates, reviewing responses, tracking each assessment’s progress in real-time, and sharing assessments’ insights and results with third parties.

Vendor Assessments

Section(s): 8

Track all the organization's third-party vendors' relevant data processing activities in real-time to ensure their data processing practices related to shared data comply with the relevant regulatory requirements.

Vendor Management
Data Security Posture

Data Security Posture Management

Section(s): 7(1)(b)

Gain comprehensive visibility into potential misconfigurations in data assets across public clouds, data clouds, SaaS, and on-premises environments, in addition to contextual data insights, including people ownership, regulatory obligations, and security and privacy metadata.

Data Subject Rights Under The MCDPA

The Montana Consumer Data Privacy Act guarantees consumers the following rights:

Right to Access

All consumers have the right to confirm whether a controller is processing their personal data and subsequently access any such collected data unless such access would require the controller to reveal a trade secret.



Right to Correction

All consumers have the right to request correction of any inaccuracies in their collected personal data, taking into account the nature of the data and the purposes for which the data was collected.



Right to Deletion

All consumers have the right to request deletion of any personal data collected by the controller.


Right to Portability

All consumers have the right to obtain a copy of their personal data collected by the controller in a portable and readily usable format that allows for the collected personal data to be transferred and transmitted to another controller without hindrance, provided that this does not require the controller to reveal a trade secret. 


Right to Opt Out

All consumers have the right to opt out of the processing of their personal data by a controller if the processing is related to the following purposes:

  • Targeted advertising;
  • Sale of consumer’s personal data;
  • Profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer.

Sensitive Data

Right to Appeal

The controller must ensure there is an appropriate mechanism and process in place for the consumers to appeal a controller’s refusal to act on a request in a reasonable period after the consumer's receipt of the decision.

Key Facts about the Montana Consumer Data Privacy Act

Here are some key facts to know about the MCDPA:

1

A controller may charge a reasonable fee covering administrative costs if the requests are manifestly unfounded, excessive, or repetitive;¨

2

A controller may decline to take action and honor a consumer’s DSR request if such a request cannot be authenticated via commercially reasonable efforts;

3

Under the MCDPA, a controller must respond to a consumer’s request within 45 days of the receipt of the request. However, this period can be extended for an additional 45 days when reasonably necessary owing to the complexity or number of requests received;

4

The Office of the Attorney General of Montana will have the exclusive authority to enforce provisions of the MCDPA;

5

The Attorney General must issue a notice of violation to the controller before taking any action;

6

The controller will have 60 days to remedy the alleged violation before the controller initiates further action;

7

The MCDPA will come into effect on October 1, 2024.

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