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Maryland Online Data Privacy Act (MODPA): Compliance Requirements Beginning October 1, 2025

In this whitepaper, you will learn about:

  • Key compliance requirements for controllers and processors
  • Differences between MODPA and other state privacy laws
  • Compliance timeline, readiness checklist, and interoperability strategy
  • How Securiti helps ensure swift compliance with the MODPA

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The Maryland Online Data Privacy Act (MODPA) will go into effect on October 1, 2025. MODPA includes mandatory DPIAs that include an assessment for each algorithm used in high risk processing, Day 1 options to identify opt-out preference signals (UOOMs) or to provide a prominent on-site opt-out link, strong sensitive data controls, including a ban on selling sensitive data, lower applicability thresholds, a prescriptive data minimization rule tied to the consumer requested product or service, and minor protections (under the age of 18) using a "knew or should have known" standard.

The MODPA empowers data subjects with the right to access, correct, delete, portability, transparency regarding processors, and opt-out of targeted ads, sale, and profiling in furtherance of certain solely automated decisions with legal/similarly significant effects.

The Maryland Attorney General enforces the MODPA. A 60-day cure period is available for an alleged violation that occurs on or before April 1, 2027.

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Maryland Online Data Privacy Act (MODPA)

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Frequently Asked Questions (FAQs)

The Maryland Online Data Privacy Act (MODPA), a groundbreaking online data privacy law, aims to enhance data privacy rights for Maryland residents. Also known as Senate Bill 541 (SB 541), the MODPA introduces several obligations for data handlers and empowers Maryland residents with data subject rights.

Yes, under minor protections (under the age of 18 years), no targeted advertising or sale of personal data of consumers under the age of 18 can occur where the organization “knew or should have known their age.”

Contracts must include processing instructions, purpose, data type, duration, and mutual responsibilities. Processors must also comply with reasonable assessments, help with consumer rights and breach reports, erase or return data at the end of service, ensure confidentiality and suitable security, and discontinue processing upon the controller's request.

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