Home/Privacy Law/MT

Montana

Montana Consumer Data Privacy Act (MCDPA) (Montana)

In Effect
Law Status
Montana
Law Name
2024-10-01
Effective Date
medium
Priority

Montana has enacted the Montana Consumer Data Privacy Act (MCDPA) (Montana). The law is currently in effect. It applies to controls or processes personal data of >=50,000 consumers (excluding data processed solely for completing a transaction) or >=25,000 consumers and derives >25% of gross revenue from sale of personal data. Consumers have the right to delete their data, correct inaccurate data, opt out of data sales. Violations can result in penalties of up to $7,500 per violation.

Consumer Rights

Right to Access✔ Yes
Right to Delete✔ Yes
Right to Correct✔ Yes
Right to Portability✔ Yes
Opt Out of Data Sale✔ Yes
Opt Out of Targeted Ads✔ Yes
Opt Out of Profiling✔ Yes
Right to Appeal✔ Yes
Authorized Agent✔ Yes

Business Obligations

Privacy Notice Required✔ Required
Data Minimization✔ Required
Data Protection Assessment✔ Required
Processor Contract Required✔ Required
Universal Opt-Out Required✘ No
Sensitive Data Consent✔ Required
Child Data Consent✔ Required
Appeals Process Required✔ Required

Applicability & Thresholds

Revenue FloorNone
Primary Consumer Threshold50,000 consumers
Secondary Consumer Threshold25,000 consumers
Data Sale Revenue %25%
Small Business ExemptionYes
Nonprofit ExemptionYes
Employee Data ExemptionYes
Child Age ThresholdUnder 16

Enforcement & Penalties

Enforcing AgencyMontana Attorney General
Dedicated Privacy AgencyNo
Penalty Per Violation$7,500
Penalty Per Willful Violation$7,500
Private Right of ActionNone
Cure Period60 days
Response Deadline45 days

Important Notes

60-day cure period through April 1, 2026. Penalty up to $7,500 per violation. Effective Oct 1, 2024.

Privacy Compliance Tools — Partner Services

Need help achieving Montana compliance? These tools help businesses manage consent, honor consumer requests, and maintain audit-ready records.

OneTrust
Consent management, DSR automation, and data mapping for state privacy law compliance.
Get a Demo →
TrustArc
Privacy compliance platform covering all 50-state requirements. Automated assessments and consumer rights workflows.
Start Free Trial →

Sponsored. DataTactic may earn a referral fee from these partners. This does not affect our data or editorial content.

How Montana Compares to Neighboring States

StateLawStatusEffective DatePriority
Montana ◀MontanaIn Effect2024-10-01medium
IdahoIdahoNo LawN/Alow
North DakotaNorth DakotaNo LawN/Alow
South DakotaSouth DakotaNo LawN/Alow
WyomingWyomingNo LawN/Alow

Frequently Asked Questions — Montana Privacy Law

What is the Montana and who does it apply to?

The Montana Consumer Data Privacy Act (MCDPA) (Montana) is Montana's comprehensive consumer privacy law, effective 2024-10-01. Controls or processes personal data of >=50,000 consumers (excluding data processed solely for completing a transaction) OR >=25,000 consumers AND derives >25% of gross revenue from sale of personal data

What rights do Montana consumers have under Montana?

Under the Montana, Montana consumers have the right to: access their personal data, request deletion of their data, correct inaccurate data, obtain a portable copy of their data, opt out of the sale of their personal data, opt out of targeted advertising, opt out of profiling for significant decisions, appeal a denial of their privacy rights request.

Does Montana require consent for sensitive data?

Yes. The Montana requires businesses to obtain affirmative consent before processing sensitive personal data. This includes data such as health information, biometric data, precise geolocation, and other sensitive categories.

What are the penalties for violating Montana?

Violations of the Montana can result in civil penalties of up to $7,500 per violation and up to $7,500 per willful violation. There is no private right of action — enforcement is exclusively by the state Attorney General.

Does Montana require a data protection assessment?

Yes. The Montana requires businesses to conduct data protection assessments for high-risk processing activities such as targeted advertising, sale of personal data, sensitive data processing, and certain profiling activities.

Is there a universal opt-out requirement under Montana?

The Montana does not currently require recognition of universal opt-out mechanisms. Businesses are not required to honor browser-based opt-out signals.

How long does a business have to respond to a consumer request under Montana?

Businesses must respond to consumer privacy requests within 45 days under the Montana. An extension of up to 45 additional days is available with notice to the consumer. If a request is denied, businesses must provide an appeals process with a response within 45 days.

Official Source

Montana Attorney General

View Official Source →

More Montana Resources

Montana LLC Formation →Montana Auto Insurance →Montana Employment Law →

Data Methodology

DataTactic researchers verify privacy law data directly against official government sources — Montana Attorney General publications, state statutes, and agency websites. Each data point is cross-referenced against primary sources before publication. Records are reviewed and updated when laws or requirements change.

Last verified: 2026-06-01 · DataTactic provides reference information only. This is not legal advice. Consult a qualified attorney for compliance guidance.