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Maryland Online Data Privacy Act

Maryland privacy law (MODPA): applicability

Law as of October 28, 2026 Reviewed by Sergio Maldonado Elvira on 29 October 2026

Summary (not the statute text)

The Act applies to persons that do business in Maryland or target its residents and that, in the preceding calendar year, controlled or processed personal data of at least 35,000 consumers (not counting payment-only data), or of at least 10,000 consumers while earning more than 20% of gross revenue from selling personal data. GLBA financial institutions and their affiliates, government bodies and registered securities and futures associations are excluded, but nonprofits are covered unless they only help investigate insurance fraud or assist first responders. HIPAA protected health information, FCRA, FERPA, employment-context data and data collected in the business of insurance are among the data exemptions.

Key points

  1. Threshold 1: personal data of 35,000 or more consumers in the preceding calendar year, excluding data processed only to complete a payment.

    Section: § 14-4702(1)

  2. Threshold 2: personal data of 10,000 or more consumers and more than 20% of gross revenue from selling personal data.

    Section: § 14-4702(2)

  3. Excluded: state and local government bodies; registered national securities and futures associations; financial institutions, their affiliates or data subject to GLBA Title V.

    Section: § 14-4703(a)(1) to (3)

  4. Nonprofits are covered, except a nonprofit that processes data solely to help investigate insurance fraud or assist first responders.

    Section: § 14-4703(a)(4)

  5. Data exemptions include HIPAA protected health information, research data, FCRA, FERPA and Farm Credit Act data, employment-context data, and data collected in furtherance of the business of insurance.

    Section: § 14-4703(b)

  6. Since 1 July 2026 the Driver's Privacy Protection Act exemption covers only data handled as required by that Act.

    Section: § 14-4703(b)(8)

  7. A consumer is a Maryland resident, excluding people acting in a commercial or employment context.

    Section: § 14-4701

Sources

Compare applicability across all states

Law as of October 28, 2026.

Reviewed by Sergio Maldonado Elvira on 29 October 2026. Prepared from the official sources listed.

Official text of the Maryland statute

Reference material, not legal advice.