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Maryland Joins the Privacy Law Movement

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Maryland is looking to join New Hampshire and New Jersey as one of the states to pass privacy laws in 2024. On April 6, 2024, the Maryland Legislature approved a comprehensive privacy measure. If signed into law, Maryland Online Data Privacy Act of 2024 (MODPA) will come into effect on October 1, 2025.

While bearing similarities to previous state consumer privacy statutes, MODPA introduces several unique provisions that may necessitate adjustments to compliance programs for affected companies. Notably, the legislation includes a provision stipulating that it will not apply to any personal data processing activities conducted before April 1, 2026, despite its official commencement on October 1, 2025.

MODPA is applicable to individuals conducting business in Maryland or offering products or services aimed at Maryland residents, provided that during the previous calendar year, they meet either of the following criteria:

  • Managed or processed the personal information of a minimum of 35,000 Maryland consumers (excluding data solely processed for payment transactions)
  • Managed or processed the personal information of at least 10,000 Maryland consumers and generated over 20% of their total revenue from the sale of personal information.

MODPA applies to individuals engaged in business activities within Maryland or providing goods or services targeting Maryland residents. To fall under MODPA’s jurisdiction, entities must meet one of the following criteria during the preceding calendar year:

  • Handling or processing the personal data of at least 35,000 Maryland consumers (excluding data processed solely for payment transactions)
  • Handling or processing the personal data of a minimum of 10,000 Maryland consumers while deriving more than 20% of their total revenue from the sale of personal data.

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