Montana Consumer Data Privacy Act – Compliance Guide
The MCDPA takes effect on January 1, 2025. If your business collects personal data from Montana residents, you may need to comply. This page explains the basics in plain English.
Covers businesses handling personal data of Montana residents, subject to thresholds and exemptions.
🎯 Who Must Comply
- Businesses offering goods or services to Montana residents
- Controllers that determine purposes and means of processing
- Processors that handle data on behalf of controllers (contract required)
Common Exemptions:
- Government entities
- Data covered by sectoral federal laws (e.g., HIPAA/GLBA) within their scope
📋 Key Requirements
- Transparent privacy notice with categories, purposes, and contact method
- Consumer rights: access, correction, deletion, portability
- Opt-out of targeted advertising, sale, and certain profiling
- Consent required to process sensitive data
- Data protection agreements with processors
⚠️ Penalties & Enforcement
- Enforcing Authority: Montana Attorney General
- Penalty Range: Civil penalties per violation (state AG enforced)
- Cure Period: Cure period provisions may apply; confirm with latest state guidance.
✅ How to Prepare for Montana Compliance
- Add/refresh your privacy policy to include resident rights
- Stand up a data rights request workflow (access/delete/correct)
- Implement cookie consent for trackers and targeted ads
- Inventory vendors and add processor clauses
💡 Pro Tip: Start with steps 1-3 to cover 80% of compliance requirements quickly.
📅 Montana Privacy Law Timeline
🚨 NOW - Before January 1, 2025
Implement privacy policy, cookie consent, and basic data handling procedures.
📋 January 1, 2025 - Law Goes Live
Full compliance required. Enforcement may begin immediately.
✅ Ongoing - Stay Compliant
Monitor for updates, handle user requests, maintain documentation.
❓ Common Montana Privacy Law Questions
Do I need to comply if I don't have customers in Montana?
If your website receives any visitors from Montana, you may need to comply. This includes people who visit your site while traveling, working remotely, or just browsing online.
What counts as "personal data" under MCDPA?
Personal data typically includes email addresses, IP addresses, location data, cookies/tracking IDs, and any information that can identify a person directly or indirectly.
How much will compliance cost for a small business?
Basic compliance (privacy policy + cookie banner + user rights) typically costs $20-100/month using automated tools. Compare this to potential fines of Civil penalties per violation (state AG enforced).
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