What is Considered a Sale of Personal Data in the Montana Consumer Data Privacy Act (“MCDPA”)?
Sale of personal data means the exchange of personal data for monetary or other valuable consideration by the controller to a third party.
The term does not include:
(i) the disclosure of personal data to a processor that processes the personal data on behalf of the controller;
(ii) the disclosure of personal data to a third party for the purposes of providing a product or service requested by the consumer;
(iii) the disclosure or transfer of personal data to an affiliate of the controller;
(iv) the disclosure of personal data in which the consumer directs the controller to disclose the personal data or intentionally uses the controller to interact with a third party;
(v) the disclosure of personal data that the consumer:
(A) intentionally made available to the public via a channel of mass media; and
(B) did not restrict to a specific audience; or
(vi) the disclosure or transfer of personal data to a third party as an asset that is part of a merger, acquisition, bankruptcy, or other transaction, or a proposed merger, acquisition, bankruptcy, or other transaction in which the third party assumes control of all or part of the controller's assets.
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