{"data":{"id":"us-mt/30-14-2818","jurisdiction":"us-mt","citation":"30-14-2818","heading":"Responsibility according to role -- processing data of minors.","body":"(1) A processor shall adhere to the instructions of a controller and shall assist the controller to meet the controller's obligations under 30-14-2811 and 30-14-2819, taking into account the nature of the processing and the information available to the processor. The processor shall assist the controller by:\n(a) taking appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the controller's obligations under 30-14-2811; and\n(b) providing information to enable the controller to conduct and document data protection assessments pursuant to 30-14-2819.\n(2) A contract between a controller and a processor must satisfy the requirements of 30-14-2813(2).\n(3) Nothing in this section may be construed to relieve a controller or processor from the liabilities imposed on the controller or processor by virtue of the controller's or processor's role in the processing relationship as described in 30-14-2811 and 30-14-2819.\n(4) Determining whether a person is acting as a controller or processor with respect to a specific processing of personal data is a fact-based determination that depends on the context in which personal data is to be processed. A person that is not limited in the person's processing of personal data pursuant to a controller's instructions or that fails to adhere to the instructions is a controller and not a processor with respect to a specific processing of personal data. A processor that continues to adhere to a controller's instructions with respect to a specific processing of personal data remains a processor. If a processor begins, alone or jointly with others, determining the purposes and means of the processing of personal data, the processor is a controller with respect to the processing and may be subject to an enforcement action under 30-14-2817.","path":["TITLE 30. TRADE AND COMMERCE","CHAPTER 14. UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION","Part 28. Consumer Data Privacy Act"],"source_url":"https://mca.legmt.gov/bills/mca/title_0300/chapter_0140/part_0280/section_0180/0300-0140-0280-0180.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:51:39Z","sha256":"9fa60abaf08a76ce15a1586bccda0c7a4a22989f6ad60bff3adfb42a9ca1645f","source_id":"us-mt","stale":false,"prev":"us-mt/30-14-2817","next":"us-mt/30-14-2819"},"notice":"GroundRules: Original legal text. Not legal advice."}