Maryland Online Data Protection Act

Understanding MODPA: Maryland’s new privacy law

The Maryland Online Data Privacy Act (MODPA) is among the most restrictive state privacy laws to date. It will affect businesses of all sizes that market goods or services to Maryland consumers. Our attorneys break down what it means and how to prepare.

MODPA requires businesses to adopt new safeguards for handling personal data. With lower applicability thresholds than many other state laws, MODPA applies to a broader range of companies and brings strict obligations on consumer rights, marketing practices, and vendor management.

Explore our five-part series to help your business prepare for compliance.

Part 1: What Businesses Need to Know

An overview of the Maryland Online Data Privacy Act (MODPA), its low applicability threshold, and why it stands out as one of the most restrictive state privacy laws to date.

Part 2: Is your business covered by MODPA?

A breakdown of which businesses must comply with MODPA and the core legal requirements they will need to implement.

Part 3: MODPA risk assessments

An explanation of MODPA’s requirement for data protection assessments, when they are triggered, and how businesses can document and mitigate privacy risks to demonstrate compliance.

Part 4: Managing third-party vendors

An overview of MODPA’s strict requirements for data processing agreements, vendor oversight, and incident response planning to ensure accountability throughout the data supply chain.

Part 5: Creating a sustainable MODPA compliance program

Guidance on creating long-term, adaptable privacy programs that go beyond initial MODPA implementation to ensure ongoing compliance and risk management.

Have questions about MODPA?

Our Privacy & Data Security team is here to help you prepare for Maryland’s new law. Contact us to discuss how MODPA affects your business and what steps you should take now.

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Devin Chwastyk

Devin Chwastyk is co-chair of McNees’ Privacy & Data Security group and advises businesses on compliance with state, federal, and international privacy laws, as well as responding to data breaches.

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