The Maryland Online Data Privacy Act (MODPA), signed into law in 2024, is one of the most protective state privacy laws in the United States. It grants Maryland residents rights to access, correct, delete, and port their personal data, and it requires businesses to obtain consent before processing sensitive data, including precise geolocation, health information, and data revealing racial or ethnic origin.
Notably, MODPA restricts the sale of sensitive data entirely, going beyond the opt-out approach taken by CCPA. The law applies to businesses that control or process the personal data of at least 35,000 Maryland residents, or 10,000 residents if a significant portion of revenue derives from data sales.
MODPA is stricter than many peer statutes in several ways. It prohibits the sale of sensitive data outright, whereas most states allow it with consumer consent. Its data-minimisation requirement limits collection to what is reasonably necessary for the disclosed purpose, a standard closer to GDPR’s approach than the more permissive frameworks in Virginia or Utah.
MODPA also requires purpose limitation, meaning data collected for one purpose cannot be reused for a materially different purpose without fresh consent. These heightened protections make MODPA a significant consideration for any business with a Maryland customer base.
Seers’ CMP supports MODPA compliance by enabling geo-targeted consent banners that present Maryland-specific notices and consent requests. The platform’s sensitive-data consent flow captures the explicit opt-in that MODPA requires before processing sensitive categories, and its data-minimisation audit highlights trackers that collect data beyond what is reasonably necessary.
Integration with Google Consent Mode v2 ensures that advertising and analytics tags respect the consent state of Maryland visitors, and Seers’ audit logs provide the documentation needed to demonstrate compliance during regulatory enquiries.
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