The Montana Consumer Data Privacy Act (MCDPA) uses the factor of offering goods and services to data subjects in Montana as one of the criteria for determining the law's applicability to businesses.

Text of Relevant Provision

MCDPA Section 3(1) states:

"The provisions of [sections 1 through 12] apply to persons that conduct business in this state or persons that produce products or services that are targeted to residents of this state and:"

Analysis of Provision

The MCDPA applies to two categories of entities:

1. Those that "conduct business in this state"
2. Those that "produce products or services that are targeted to residents of this state"

The second category directly relates to the factor of offering goods and services to data subjects in the jurisdiction. By using the phrase "targeted to residents of this state", the law extends its reach to entities that may not have a physical presence in Montana but are actively marketing their products or services to Montana residents.

This provision is designed to ensure that the law covers businesses that intentionally direct their activities towards Montana consumers, even if they are not physically located within the state. The use of the word "targeted" implies a deliberate focus on Montana residents, rather than incidental or passive availability of products or services.

Implications

The inclusion of this factor has several important implications for businesses:

1. Extraterritorial reach: Companies outside of Montana may still be subject to the MCDPA if they specifically target Montana residents with their products or services.
2. Online businesses: E-commerce companies and online service providers need to be particularly aware of this provision, as their digital offerings may be considered "targeted" to Montana residents even without a physical presence in the state.
3. Marketing strategies: Businesses may need to review their marketing and advertising strategies to determine if they are specifically targeting Montana residents.
4. Compliance considerations: Companies that fall under this provision will need to ensure compliance with the MCDPA's requirements, including data protection measures and consumer rights.
5. Threshold requirements: It's important to note that the law also includes threshold requirements in subsections (1) and (2) of Section 3, which set minimum levels of data processing or revenue for the law to apply.

This approach to jurisdiction is similar to that taken by other data protection laws, such as the EU's General Data Protection Regulation (GDPR), which also applies to entities offering goods or services to data subjects in a specific jurisdiction. The goal is to protect the privacy rights of Montana residents regardless of where the business processing their data is located.