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What the Montana Consumer Data Privacy Act Means for Your Business

By JTech Communications - Last Updated on 02/26/2024
Montana approved Senate Bill 384 — or the 'Montana Consumer Data Privacy Act (MTCDPA)' — in 2023, following in the footsteps of states like California by writing consumer data protections into law. This bill is not as explicit or comprehensive as similar acts made by different states. Still, it carries important implications for everyone wanting to do business in Montana.  

The Montana Consumer Data Privacy Act defines how larger businesses operating within Montana must protect the consumer information they collect through their website.

We've summarized the MTCDPA’s most critical points to help our clients understand its impact on their business. Following the summary, you can find links to a full breakdown and the full legal text of Senate Bill 384.

How Does the Montana Consumer Data Privacy Act Affect You?


Does Your Business Need to Change to Comply With the MTCDPA?
Does Your Business Need to Change to Comply With the MTCDPA?
If your business collects user data through form submissions or Google Analytics tracking, this bill may apply to you.

HOW THE MTCDPA AFFECTS BUSINESSES
The MTCDPA applies to businesses that:

  • Handle the personal data of at least 50,000 Montana residents. This excludes data used exclusively for payment transactions. 
  • Manage personal data from at least 25,000 consumers. This specifically applies to businesses that derive 25% or more of their revenue from selling that same data.

So, this bill will not apply to most smaller Montana businesses. If you do business outside of Montana, your business may also be affected by Consumer Data Protection Acts from other states. Please review each applicable act with a trusted legal advisor.

HOW THE MTCDPA AFFECTS CONSUMERS 
If you’re a consumer, then the MTCDPA gives you the right to:

  • Access, correct, use, and delete any collected information
  • Opt-out from data collection
  • Not to be discriminated against

Learn more about the MTCDPA’s exact consumer protections in this summary article.

What Happens if You’re in Violation of the MTCDPA?


Montana's Consumer Data Protection Act states that businesses could face ‘legal action from the attorney general.’ It also states that businesses will have a 60-day compliance period until April 1, 2026. 

The MTCDPA offers several notable exceptions to these guidelines for businesses that deal with highly sensitive information. To see if those exceptions apply to your business, read the summary article we’ve linked above. 

When Will the Montana Consumer Data Privacy Act Go Into Effect?


The Montana Consumer Data Privacy Act will go into effect on October 1st, 2024. We encourage you to read Senate Bill 384 in full before its effective date.

Want to Learn More About the MTCDPA?


This Consumer Data Protection Act summary article gives our website clients the most critical information. Still, we want to ensure you have access to more granular breakdowns of the MTCDPA. 

We’ve included links to the breakdown that we referenced to write our summary and to the full legal language. Look to our references section to find links to those articles. 

Finally, we encourage you to review the guide and legal document in our references with a trusted legal advisor if you think this may apply to you. They can help you make the necessary steps, if any, toward compliance.

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