AG Watch: Reconciling 2 Maryland Data Privacy Statutes
Member and chair of the crisis management and strategic response practice Erek L. Barron recently shared insights in a Law360 expert analysis on Maryland’s rapidly evolving data privacy landscape, highlighting how the state’s dual-statute framework places it at the forefront of privacy regulation.
With the Maryland Online Data Privacy Act now in effect and the Protection From Predatory Pricing Act set to follow, Erek notes that companies doing business in the state must prepare for a more stringent and enforcement-driven regulation, toward stricter limits on how data is collected and used.
The analysis explores how these two laws intersect and, at times, conflict, particularly around data minimization and consent. He explains that while PFPPA permits certain data-driven pricing practices with consumer consent, MODPA imposes a higher “strictly necessary” standard that may still render those same practices noncompliant.
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