Montana’s New Privacy Law
The Recap
Montana's new data privacy law, the Montana Consumer Protection Act, which went into effect in 2024, is important for businesses for several key reasons:
Expanded Consumer Rights: The law grants Montana residents rights over their personal data, including the right to access, delete, and opt-out of the sale of their data. Businesses must implement processes to comply with these rights or face potential legal and reputational risks.
Broader Applicability: The law applies to businesses that process the personal data of Montana residents, regardless of where the business is located. Companies outside of Montana that target or collect data from state residents will need to comply, increasing the scope of potential compliance obligations.
Penalties for Non-Compliance: Failure to comply with the law can result in fines and penalties. While the law provides a 30-day cure period to address violations, companies that ignore it risk facing enforcement actions by the state Attorney General, making proactive compliance crucial.
These factors mean businesses operating online or with data from Montana residents must adjust their practices to avoid legal issues and meet consumer expectations around data privacy.
The Game Plan
Make Sure Your Privacy Practices Comply with the MTCPA. This is the best time of year before January 1 to invest time and resources into making sure you are not opening yourself up to liability.
Update your Privacy Notice. Does your Privacy Notice acknowledge Montana consumers?
Update Legal Agreements. This is often one of the most overlooked components in a company insulating itself to the extent possible to legal risks associated with privacy and cybersecurity. We have a separate post on why privacy and security clauses in contracts matter.
Need Help?
Tap in Three-Point Law by emailing consult@threepointlaw.com.