Montana Consumer Data Privacy Act (MTDPA)

Overview

The Montana Consumer Data Privacy Act (MTDPA), codified as MCA §30-14-2801 through §30-14-2817, was signed into law on May 19, 2023 (SB 384), and became effective October 1, 2024. Montana is notable for having the lowest consumer count threshold of any comprehensive state privacy law at 50,000 consumers, making it applicable to smaller organizations operating in or targeting Montana residents.

Applicability (§30-14-2803)

The MTDPA applies to persons that conduct business in Montana or produce products or services targeted to Montana residents AND during a calendar year:

1. Control or process personal data of at least 50,000 Montana consumers (excluding data processed solely for payment transactions); OR
2. Control or process personal data of at least 25,000 Montana consumers AND derive more than 25% of gross revenue from the sale of personal data.

Lowest threshold: The 50,000 consumer threshold is the lowest among comprehensive state privacy laws (most states use 100,000).