Navigating Montana's New Consumer Data Privacy Act

Hello Shopify Merchants! Big news is on the horizon for businesses operating from and to Montana. The state is set to implement the Montana Consumer Data Privacy Act (MCDPA) to bolster consumer data protection. Let’s dive into what this means for you and how you can prepare.

📅 What is the MCDPA and When Does it Come into Effect?

The Montana Consumer Data Privacy Act (MCDPA) is a comprehensive privacy law designed to give consumers more control over their personal data. The MCDPA will take effect on October 1, 2024. This new legislation aligns Montana with other states in their efforts to regulate how businesses collect, use, and protect consumer data.

🏢 Who is Affected?

The MCDPA applies to businesses that:

• Control or process the personal data of at least 50,000 Montana residents, excluding data processed solely for payment transactions.
• Derive over 25% of their gross revenue from the sale of personal data and control or process the personal data of at least 25,000 residents.

This means if your Shopify store meets these criteria, you will need to comply with the new regulations.

🛍️ Specifics for Shopify Merchants from Montana

For Shopify merchants based in or serving customers in Montana, the MCDPA requires you to be vigilant about how you handle consumer data. This law emphasizes transparency, consumer rights, and the protection of personal information. While there are no additional specifics unique to Shopify merchants, following the broader guidelines is crucial.

📝 Guidelines Merchants Will Have to Follow

To comply with the MCDPA, Shopify merchants will need to stick to the following guidelines:

• Consumer Rights: Allow consumers to access, delete, and opt out of the sale of their personal data.
• Data Protection Assessments: Conduct assessments for data processing activities that present a heightened risk of harm to consumers.
• Transparency: Update privacy policies to clearly explain data collection and usage practices.
• Security Measures: Implement reasonable security measures to protect personal data from unauthorized access or disclosure.

💸 Penalties for Non-Compliance

Non-compliance with the MCDPA can result in significant penalties. The Montana Attorney General is empowered to enforce the law and can impose fines for violations. However, the MCDPA does not specify a particular dollar amount for fines, leaving the exact penalties to the discretion of the Attorney General.

🌎 Other State Laws Coming into Effect

Montana isn’t the only state stepping up its data privacy game. Earlier in the year, Florida, Oregon, and Texas will also be introducing new privacy laws. Make sure to check out our detailed blog posts on these regulations to stay ahead:

• Florida Digital Bill of Rights (FDBR)
• Oregon Consumer Privacy Act (OCPA)
• Texas Data Privacy Law

Conclusion

The implementation of the Montana Consumer Data Privacy Act marks a significant step in consumer data protection. As a Shopify merchant, staying informed and compliant is essential to avoid penalties and build trust with your customers. For more details and updates on compliance, visit our Shopify App Store page.

Stay compliant, stay informed!