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Maryland Online Data Privacy Act

Maryland privacy law (MODPA): processors

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

Summary (not the statute text)

A controller that uses a processor must sign a binding contract setting out instructions, nature and purpose, data types, duration and both parties' rights and obligations. The contract must require confidentiality, reasonable security, stopping processing on an authenticated consumer request, deletion or return, compliance information, subcontracting only after a chance to object, and assessments. A person that goes beyond the controller's instructions is treated as a controller.

Key points

  1. Binding contract required with instructions, nature and purpose, data types, duration and both parties' rights and obligations.

    Section: § 14-4708(a)(1) and (2)

  2. Required terms include confidentiality, reasonable security, and stopping processing on the controller's request made under a consumer's authenticated request.

    Section: § 14-4708(a)(3)(i) to (iii)

  3. Deletion or return at the end of services, compliance information on request, subcontractors only after the controller may object and under written contracts, and cooperation with assessments.

    Section: § 14-4708(a)(3)(iv) to (vii)

  4. Processors must assist with rights requests, security and breach notification, and assessments.

    Section: § 14-4708(b)

  5. A person not limited by, or not following, the controller's instructions is a controller and may face enforcement.

    Section: § 14-4708(d)

Sources

Compare processors across all states

Related GDPR articles

Related, not equivalent: the GDPR and the state laws differ in scope, terms and exceptions.

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.