In 2024, we covered both Minnesota’s and Rhode Island’s Data Privacy Acts. While Rhode Island’s law will not go into effect until 2026, Minnesota’s Consumer Data Privacy Act (MCDPA) has been in effect since July 31, 2025. Now that businesses are subject to following the new MCDPA guidelines, we want to cover the law in more detail to help employers in Minnesota ensure they are prepared.
On May 8, 2025, Governor Greg Gianforte signed Senate Bill 297 (SB 297) into law, revising the existing privacy act. The 2025 revisions will take effect on October 1, 2025. Below is an overview of the amendments to the law that employers operating in Montana or dealing with consumer data in the state need to know.
The MCDPA applies to organizations that conduct business in Minnesota or target Minnesota consumers and meet one of the following thresholds in the previous calendar year:
The MCDPA defines two basic categories the law applies to: processors and controllers.
Employers directly collecting consumer data, either for their own purposes or for sale to processors, are typically categorized in the controller category. Businesses in this category that fall under the thresholds listed above are required to:
Processors are defined as “an entity which processes personal data on behalf of a controller.” Businesses falling under the processor category that meet the thresholds listed above are required to:
The obligations above are a high-level overview of MCDPA. For the full details, obligations, and privacy notice details, please review the full text of the law here.
The MCDPA grants Minnesota residents several new rights regarding their personal data:
Consumers are not granted a private right of action, meaning they cannot sue directly under MCDPA. The Minnesota Attorney General’s Office is solely responsible for enforcing the MCDPA. Civil penalties can reach up to $7,500 per violation. Businesses have until January 31, 2026, to cure violations before penalties are imposed.
It’s important for organizations to understand that this does not apply only to businesses operating in Minnesota but also directly applies to data collected from consumers in Minnesota outside of the state. Businesses that operate outside of Minnesota can still be subject to MCDPA regulations.
Certain businesses that meet the threshold listed may potentially be exempt from MCDPA, but the exemption can vary based on business category and other nuanced details. Businesses should consult their legal counsel to determine whether MCDPA regulations apply to them.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.