What is the Montana Consumer Data Protection Act (MTCDPA)?

The Montana Consumer Data Privacy Act (MTCDPA), which became effective on October 1, 2024, introduces a series of data privacy rights for Montana residents and compliance obligations for businesses operating in the state. This law is applicable to businesses that process the personal data of at least 50,000 consumers annually or derive more than 25% of revenue from the sale of data from at least 25,000 individuals. It does not apply to government entities, nonprofits, educational institutions, or businesses regulated under federal privacy laws such as HIPAA and COPPA.

Consumer Rights and Business Obligations

Under the MTCDPA, Montana residents are granted the rights to access, correct, delete, and receive a portable copy of their personal data. They may also opt out of data sales, targeted advertising, and profiling activities that have significant effects. Businesses that qualify, especially data controllers, must publish transparent privacy notices, obtain explicit consumer consent for processing sensitive data, and recognize Global Privacy Control (GPC) signals by January 1, 2025. Businesses must also perform data protection assessments for high-risk processing activities and implement reasonable data security measures.

Who Must Comply with the MTCDPA?

The MTCDPA applies to entities defined as data controllers (organizations that determine data processing purposes and means) and data processors (organizations processing data on behalf of a controller). 

This framework, modeled after the GDPR, delineates distinct roles and responsibilities for data controllers and processors, aligning Montana’s privacy obligations with international standards.

What are the requirements for the MTCDPA?

To comply with the MTCDPA, data controllers must:

• Limit Data Collection: Collect only the necessary personal data for the specified processing purposes.
• Publish Transparent Privacy Notices: Privacy policies must outline data categories processed, the purpose of processing, categories of third parties receiving data, contact information, and guidance on exercising consumer rights.
• Obtain Consent for Sensitive Data: Controllers must secure consumer consent before processing sensitive data such as genetic, biometric, racial, religious, health, or geolocation information.
• Provide Opt-Out Mechanisms: Effective January 1, 2025, controllers must offer universal opt-out mechanisms for data sales and targeted advertising.
• Conduct Data Protection Assessments: Controllers are required to assess data processing activities involving sensitive data or presenting heightened risks, like targeted advertising and profiling.
• Secure De-identified Data: Ensure de-identified data remains anonymous, with contractual agreements binding third parties to maintain the data’s de-identified status.
• Comply with Children’s Privacy Protections: Obtain parental consent for processing personal data of children under 13, following the Children’s Online Privacy Protection Act (COPPA) standards.

Data processors are also subject to the MTCDPA, though their responsibilities are distinct:

• Assist Controllers: Support data controllers in handling consumer requests.
• Formalize Agreements: Processors must have formal contracts with controllers detailing privacy obligations.

What Rights Does the MTCDPA Grant to Consumers?

The MTCDPA provides Montana residents, acting in an individual capacity, the following rights:

• Confirmation: The right to confirm if a controller is processing their data.
• Accessibility: The right to access personal data collected by the controller.
• Correction: The right to correct inaccuracies in their personal data.
• Deletion: The right to request data deletion.
• Portability: The right to receive a copy of their data in a portable format.
• Opt-Out Rights: The right to opt out of data sales, targeted advertising, and certain profiling activities.

Controllers must respond to requests within 45 days, with a possible 45-day extension. If a controller denies a request, consumers may appeal, with controllers required to respond to appeals within 60 days.

Why should you be MTCDPA compliant?

Compliance with the MTCDPA fosters consumer trust by demonstrating a commitment to data privacy, which can lead to a competitive edge. MTCDPA compliance reduces legal risks by protecting organizations from financial penalties and reputational damage. Additionally, adhering to MTCDPA’s guidelines improves data security measures, helping mitigate the risk of data breaches and enhancing organizational resilience.

How to achieve compliance?

To achieve MTCDPA compliance, organizations should review and update privacy policies, adopt strong data protection practices, and set up efficient processes for managing consumer data requests. Regular employee training on MTCDPA requirements and periodic audits will help maintain compliance. Platforms like Centraleyes offer MTCDPA assessment tools to help businesses track compliance, address gaps, and access regulatory guidance.

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What is the Tennessee Information Protection Act (TIPA)?

The Tennessee Information Protection Act (TIPA), effective July 1, 2025, is a state-level data privacy law that regulates how companies manage and protect consumers’ personal data within Tennessee. 

TIPA applies to businesses operating in Tennessee that meet specific criteria, such as annual revenues over $25 million and processing data for over 175,000 consumers or generating over 50% of revenue from selling data from at least 25,000 consumers. 

The Act introduces consumer rights, including data access, correction, deletion, and options to opt out of targeted advertising and data sales, aligning Tennessee’s data privacy standards with those of other U.S. states.

What are the requirements for the TIPA?

To comply with TIPA, organizations must:

• Publish transparent privacy policies outlining data processing purposes and consumer rights.
• Offer ways for consumers to access, correct, delete, and port their data, along with opt-out options for data sales and targeted advertising.
• Ensure strong data security practices and manage consumer requests efficiently within specified timeframes.
• Conduct data protection assessments for specific high-risk processing activities, such as targeted advertising and profiling, ensuring these activities are well-justified and risk-balanced.

The Tennessee Attorney General oversees enforcement, with penalties up to $7,500 per violation for non-compliance. Controllers have a 60-day period to rectify any violations before fines apply, and willful violations can lead to enhanced penalties. Importantly, TIPA does not provide a private right of action.

Why should you be TIPA compliant?

Complying with TIPA helps businesses build trust with consumers by demonstrating a commitment to data privacy, potentially giving them a competitive advantage. TIPA compliance minimizes legal and financial risks by reducing exposure to fines and other penalties, which can be substantial for non-compliance. Furthermore, adhering to TIPA requirements helps organizations mitigate the risk of data breaches, enhancing their security posture and protecting sensitive information.

How to achieve compliance?

To achieve compliance, businesses should revise privacy policies, implement strong data protection practices, and establish clear procedures for handling consumer requests. Training employees on TIPA requirements and conducting regular audits will ensure ongoing compliance.

 The Centraleyes platform offers a comprehensive assessment tool for TIPA, helping organizations track compliance, identify gaps, and access guidance on the regulation’s requirements. Contact us for more information.

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What is the Delaware Personal Data Privacy Act (DPDPA)?

The Delaware Personal Data Privacy Act (DPDPA) is a state law created to protect the privacy of Delaware residents by regulating the collection, use, storage, and sharing of personal data by businesses. Designed to keep pace with modern data privacy standards, the DPDPA provides individuals with rights over their personal information while holding organizations accountable for maintaining these protections. The Act emphasizes transparency, security, and user control over personal data in response to a growing demand for privacy safeguards in an increasingly digital world.

Who Does the  Delaware Personal Data Privacy Act Help?

The DPDPA primarily benefits Delaware residents by giving them greater control over their personal information. Under the Act, residents have rights that include the ability to access, correct, delete, and opt out of the sale of their personal data. These protections extend to sensitive data such as health, financial, and biometric information. For businesses, the DPDPA sets clear data privacy standards, helping them to build trust with customers, reduce the risk of data breaches, and protect their reputation.

What are the Requirements for the  Delaware Personal Data Privacy Act?

The DPDPA mandates several obligations for businesses that handle personal data from Delaware residents. Key requirements include:

• Transparency: Businesses must provide clear privacy notices that explain how personal information is collected, used, and protected.
• Consumer Rights: Delaware residents must be able to access, correct, delete, and opt out of the sale or sharing of their data.
• Data Security: Organizations are required to implement robust security measures to safeguard data against unauthorized access, breaches, or misuse.
• Data Minimization: The Act encourages businesses to collect only the data necessary for specific purposes and limit data retention.
• Accountability: Companies must regularly assess and document their data privacy practices and ensure timely responses to consumer requests.

Who Must Comply With Delaware’s Privacy Act?

Delaware Personal Data Privacy Act (DPDPA), applies to businesses meeting certain criteria in relation to Delaware consumers’ data. Specifically, it covers businesses that either control or process the personal data of at least 35,000 Delaware residents or control/process the data of at least 10,000 residents while deriving more than 20% of their revenue from selling that data. This lower threshold compared to other states’ privacy laws means the DPDPA affects a broader range of companies. The Act also applies to nonprofits and educational institutions, a unique inclusion among state privacy laws​.

Why Should You Be  Delaware Personal Data Privacy Act Compliant?

Compliance with the DPDPA offers numerous benefits. It builds trust with Delaware residents who are increasingly concerned about their data privacy and helps businesses avoid potential fines, legal consequences, and reputational damage. Adhering to the DPDPA’s requirements demonstrates a commitment to data privacy, which can enhance a company’s credibility and strengthen its relationships with customers and stakeholders.

The Delaware Personal Data Privacy Act (DPDPA) includes several essential topics related to data privacy and security. Key areas covered include:

1. Consumer Rights: Delaware residents have rights to access, correct, delete, and obtain a copy of their personal data. They also have opt-out rights, particularly concerning the use of their data in targeted advertising, sales, and automated profiling.

2. Privacy Policies and Disclosures: Businesses must provide transparent privacy notices that outline the type of data collected, purposes for processing, and third parties involved. These disclosures need to be accessible and easy to understand.

3. Data Security Measures: Organizations are required to implement security protocols to safeguard consumer data, ensuring integrity and protection from unauthorized access.

4. Data Minimization and Retention: The DPDPA promotes limiting data collection to only what is necessary and enforces policies for data retention.

5. Restrictions on Third-Party Sharing: The DPDPA restricts the sale or sharing of personal data with third parties, providing Delaware residents with the option to opt out of such practices.

Additionally, the DPDPA includes requirements on sensitive data protection (for health and biometric information), children’s privacy considerations, and data processing agreements for third-party processors. A right to appeal is also available, allowing residents to challenge refusals of their data-related requests. The law requires a response within specific timeframes for each request and ensures that enforcement is managed by the Delaware Department of Justice​

How to Achieve  Delaware Personal Data Privacy Act Compliance?

Achieving DPDPA compliance requires a thorough review and alignment of data privacy policies and practices. Here are some actionable steps:

• Conduct a Data Inventory: Identify all personal information collected, processed, and stored, with a focus on Delaware residents.
• Review and Update Privacy Policies: Ensure your privacy policy includes all required information under the DPDPA and is accessible to users.
• Implement Consumer Rights Mechanisms: Develop processes to handle Delaware residents’ data requests within the required timeframe.
• Assess Data Security Measures: Strengthen your data security protocols, including encryption, access controls, and incident response plans.
• Training and Accountability: Provide data privacy training to employees and maintain compliance records to demonstrate due diligence.

Leveraging a compliance management platform can simplify these processes by automating risk assessments, managing policies, and handling consumer rights requests.

Conclusion

The  Delaware Personal Data Privacy Act is a pivotal law that enforces strict data privacy and security requirements while fostering trust with Delaware residents. For businesses, compliance is essential in avoiding legal risks, protecting sensitive data, and demonstrating a commitment to privacy. Although meeting the Act’s comprehensive requirements may be challenging, a robust compliance strategy makes it feasible.

The Centraleyes platform can streamline DPDPA compliance by offering automated assessments, smart questionnaires, and advanced risk tracking. With Centraleyes, organizations can confidently navigate DPDPA requirements, enhance data security, and focus on building customer trust.

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Delaware Personal Data Privacy Act

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What is the Texas Data Privacy and Security Act?

The Texas Data Privacy and Security Act (TDPSA) is a state law designed to protect the privacy and security of Texas residents’ personal information. Enacted to align with a growing national trend towards stronger data privacy laws, the TDPSA places specific requirements on businesses operating in Texas or handling the personal information of Texas residents. The Act addresses how personal data should be collected, stored, processed, and shared, empowering individuals with rights over their information and obligating organizations to uphold these protections. TDPSA is Texas’ response to the growing demand for stronger data privacy protections, especially in the age of digital transformation.

Who Does TDPSA Help?

The TDPSA primarily benefits Texas residents by giving them greater control over their personal data. Under the Act, Texas consumers gain rights such as the ability to access, correct, delete, and opt out of the sale or sharing of their personal information. The TDPSA also provides specific protections for sensitive data, safeguarding Texans’ health information, biometric data, and other sensitive categories. Additionally, it helps businesses by setting a clear standard for data privacy, allowing compliant organizations to build trust with their customers and reduce the risk of costly data breaches or reputational damage.

What are the Requirements for TDPSA?

The TDPSA imposes several requirements on businesses that collect or process personal information from Texas residents. Here are some core obligations:

• Transparency: Businesses must provide clear and accessible privacy notices explaining how personal information is collected, used, shared, and protected.
• Consumer Rights: Texas residents must be able to access, correct, and delete their personal data, as well as opt out of the sale or sharing of their information.
• Data Security: Organizations are required to implement appropriate security measures to protect personal data from unauthorized access, breaches, or misuse.
• Data Minimization: The TDPSA encourages organizations to collect only the data necessary for a specific purpose and avoid excessive data retention.
• Accountability: Companies must regularly assess and update their data privacy practices and provide evidence of compliance, including handling consumer requests in a timely manner.

Why Should You Be TDPSA Compliant?

Compliance with the TDPSA offers several benefits. For one, it builds trust with Texas residents who are increasingly concerned about how their data is used and protected. Compliance also helps organizations avoid costly penalties that may arise from violations of the law. Non-compliance can result in legal consequences, financial fines, and reputational damage, which may negatively impact business relationships. For businesses that prioritize data privacy, TDPSA compliance enhances their credibility and positions them as leaders in responsible data handling.

What Topics Does TDPSA Include?

The TDPSA covers a range of essential data privacy and security topics, including:

• Consumer Rights: Texas residents’ rights to access, correct, delete, and restrict data use.
• Privacy Policies and Disclosures: Requirements for transparent data collection practices and privacy notices.
• Data Security Protocols: Mandated safeguards to protect data integrity and prevent unauthorized access.
• Data Minimization and Retention: Encouragement to limit data collection to essential information and implement data retention policies.
• Third-Party Sharing Restrictions: Controls over sharing or selling personal data to third parties, with opt-out rights for consumers.

These topics make the TDPSA comprehensive in addressing data privacy and security within the state.

Other Key Considerations Under TDPSA

There are additional aspects of the TDPSA that organizations should keep in mind:

• Sensitive Data Requirements: The TDPSA provides heightened protection for sensitive information, such as health data and biometric information. Businesses must take extra steps to secure this data.
• Right to Appeal: Texas residents have the right to appeal any denial of their requests 
• regarding personal data, such as requests to correct or delete information. Organizations must have procedures in place for handling these appeals.
• Data Processing Agreements: For businesses that outsource data processing, the TDPSA requires that contracts with third-party processors include specific data protection clauses.
• Children’s Privacy: The TDPSA includes special considerations for protecting minors’ personal data, ensuring compliance with existing laws related to children’s online privacy.

How to Achieve TDPSA Compliance?

Achieving TDPSA compliance involves a thorough review and alignment of your data privacy policies and practices. Here are a few actionable steps:

1. Conduct a Data Inventory: Identify the personal information your organization collects, processes, and stores, particularly focusing on data from Texas residents.
2. Review and Update Privacy Policies: Ensure your privacy policy includes all required information under the TDPSA, making it clear and accessible to users.
3. Implement Consumer Rights Mechanisms: Create processes for Texas residents to submit data requests and develop a system for fulfilling these requests within required timeframes.
4. Assess Data Security Measures: Review and strengthen your data security protocols, including encryption, access controls, and incident response plans.
5. Training and Accountability: Provide data privacy training to employees, especially those handling personal data, and maintain records of your compliance efforts.

Leveraging a data compliance platform can simplify this process by automating tasks like risk assessments, policy management, and consumer request handling.

Conclusion

The Texas Data Privacy and Security Act is a critical law that not only enforces rigorous data privacy and security measures but also fosters trust with Texas residents by giving them control over their personal information. For businesses, compliance is an essential step in reducing legal risks, protecting sensitive data, and showing a strong commitment to privacy. Achieving and maintaining compliance, however, can be challenging given the law’s comprehensive requirements.

This is where the Centraleyes platform can make a difference. As a robust risk and compliance management solution, Centraleyes streamlines TDPSA compliance through its automated assessments, smart questionnaires, and detailed risk tracking features. The platform simplifies each stage of the compliance process, from conducting data inventories to managing consumer rights requests and enhancing data security practices. Centraleyes enables organizations to confidently meet TDPSA requirements while saving time, enhancing security, and building a solid foundation for data privacy.

By integrating Centraleyes into your compliance strategy, you can efficiently navigate the complexities of TDPSA and focus on what matters most: securing customer trust and safeguarding data.

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