Code/Regulations
Effective Date: October 1, 2024
Details
Threshold
Companies that conduct business in Montana or target products or services to Montana residents that:
- Control or process the personal data of not less than 50,000 state residents, excluding personal data controlled or processed solely for purposes of completing a payment transaction; or
- Control or process the personal data of not less than 25,000 state residents and derive more than 25 percent of gross revenue from the sale of personal data
Definition of "Personal Data"
Any information that is linked or reasonably linkable to an identified or identifiable natural person. Does not include de-identified data or publicly available information. Personal data does not include data from people acting in an employment or commercial context.
Definition of "Sale"
Exchange of personal data for monetary or other valuable consideration by a controller to a third party
Data-Protection Assessments
Required for targeted advertising, sale, sensitive data, certain profiling
Impact assessments must weigh the benefits to the controllers against the risks to consumers' rights as mitigated by any safeguards
Opt-In Consent Required for Processing Sensitive Data
Consumer Rights to Confirm Processing, Request Access, Correction, Deletion & Portability
Yes
Consumer Right to Opt Out of Sale
Yes
Consumer Right to Opt Out of Targeted Ads
Yes
Consumer Right to Opt Out of Profiling
Yes
Pseudonymous Data Exempt from Consumer Requests
Yes
Appeal Rights
Yes
Universal Opt-Out Mechanism Required Recognition/Date
Yes, no later than January 1, 2025
Data of Minors
Prohibits businesses from selling personal data or processing the personal data of a consumer for the purposes of targeted advertising without consent when a controller has actual knowledge that the consumer is at least 13 years of age but younger than 16 years of age (if data on a child under 13, compliance reverts to COPPA)
GLBA Exemption
Yes (both entity-level and data-level)
HIPAA Exemption
Yes (entity-level and data level)
Applies/Does Not Apply to Personal Information in a Commercial or Employment Context
Does not apply to commercial or employment context; applies in an individual or household context
Nonprofit Exemption
Yes
Private Right of Action
No
Cure Period
60 Days
Cure Period Expiration
April 1, 2026
Enforcement Authority/Damages
Attorney General/Not Defined
Disclaimer: States may periodically amend their laws and regulations and such amendments may affect or modify certain legal requirements or compliance obligations. There is no guarantee that this research is up to date as laws and regulations in the state consumer data privacy space continue to evolve. You should consult an attorney to assess the applicability of any existing, new, or proposed state consumer data privacy laws. By accessing this site, you acknowledge your understanding that the underlying content is not a replacement for legal counsel and does not constitute legal advice.