Lexology May 23, 2023
Davis Wright Tremaine LLP

Montana Governor Greg Gianforte signed the Montana Consumer Data Privacy Act (MTCDPA) on May 19, 2023, after unanimous passage through the state legislature, and the Act will go into effect October 1, 2024. Montana is now the ninth state to enact a comprehensive state privacy law, joining California, Virginia, Colorado, Connecticut, Utah, Iowa, Indiana, and Tennessee, but is the first state to ban TikTok. The ban has been challenged in federal court as “a prior restraint on expression that violates the First Amendment,” and it so dominated Montana news that the MTCDPA was relegated to “also-signed” status lumped in with 200 other bills.

The MTCDPA looks a lot like the Connecticut Data Privacy Act (CTDPA) in several key respects. In...

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