Privacy Law Library

Child Digital Protection Act

MT Child Digital Protection Act

Children

Montana's 'kidfluencer' law requires parents who earn money from videos featuring their children to set aside a share of gross earnings in trust for the child and keep records. When the child turns 18, they can ask the platform that paid for the videos to permanently delete them, a statutory 'right to be forgotten'.

Where
Montana
Citation
Mont. Code Ann. 30-25-301 to 30-25-307
Status
In force
In force since
2025-10-01
Enforced by
Private enforcement by the affected individual (no agency named)
People can sue
Yes
Penalties
Injunction, damages of the greater of $1,500 or actual damages, plus disgorgement of attributable profits; suit within 7 years of discovery or before age 26, whichever is later (30-25-306).
Applies to
  • Content creators (adults, including family businesses) whose compensated video content performed in Montana features their minor child, once monetization thresholds and a 30% content share in a 30-day period are met (30-25-303(3), 30-25-304(2))
  • Online platforms and networks that paid the parent for the video content, for deletion requests after the child turns 18 (30-25-305)

What a privacy notice must say

  • Contracts with platforms for content reasonably expected to feature a creator's minor child more than nominally must notify the platform of the child's future deletion rights.Mont. Code Ann. 30-25-305(3)

Rights it gives people

  • On reaching 18, an individual covered by the trust rule may request permanent deletion of video segments featuring them, and the paying online platform must take all reasonable steps to delete them.Mont. Code Ann. 30-25-305(1)-(2)

Practices it requires

  • Content creators meeting the thresholds must put 10%, 25% or 50% of gross earnings from qualifying video segments (depending on how much of the content features the child) in trust for the minor.Mont. Code Ann. 30-25-304(3)-(4) · Only if: Creator meets monetization and 30% content thresholds

Other duties

  • Covered creators must keep annual records (minor's name and age proof, compensated segments, minutes featuring the minor, compensation, trust deposits) and give them to the child at 18.Mont. Code Ann. 30-25-307

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: Effective date inferred from the default October 1 rule (1-2-201); the fetched HB 392 enrolled text contains no effective-date section.

Research reference, not legal advice.