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To Strengthen our Economy, Fix Maryland’s Online Data Privacy Law

March 3, 2025
Stock photo of the Business Man with a credit card by rupixen

We are in uncharted economic waters. From massive layoffs and spending cuts in Washington to looming tax increases in Annapolis, Maryland entrepreneurs face a range of risks to their businesses. The decisions we make in Annapolis are that much more important, including and especially on policy issues that impact our competitiveness.

There is a balance that needs to be struck across policy and innovation, as always. During its current legislative session, the Maryland General Assembly has an opportunity to do just that. One year ago, the legislature passed the Maryland Online Data Privacy Act, a well-intentioned law that unfortunately has had many unintended consequences for businesses and nonprofits of all sizes across our state. Thankfully, Delegate Andrea Harrison has put forward a critically important bill this session – HB 1365 – that would provide simple, clear adjustments to the bill that maintain its ability to protect consumer data while easing the burden on small businesses.

Maryland can be an economic leader by encouraging innovative products and services and creating pathways to entrepreneurial success – not imposing stricter data privacy standards than even California or Europe.

From scrappy entrepreneurs working through the night to deliver innovative solutions for Marylanders and the world, to iconic research institutions and companies advancing groundbreaking new technologies – we owe it to Maryland startups to keep their regulatory path as clear as possible.

Without a comprehensive federal privacy law on the books, states have taken the lead over the past few years. We appreciate the intention, and wholly support the goals that Maryland policymakers have set out to achieve. But for today’s business owners, especially small shops and startups, it’s critical that we avoid setting dramatically different or even competing standards than our neighbors. Beyond preserving the ability for small businesses to leverage digital marketing and other online tools, Delegate Harrison’s legislation, HB1365, aligns Maryland’s privacy law with other states along the East Coast that have passed their own laws – including Connecticut, Rhode Island, and New Hampshire. Regional compatibility matters for small businesses.

At the core of the issue is keeping Maryland’s data privacy framework workable for small businesses, nonprofits, life sciences and tech innovators, and entrepreneurs who have increasingly turned to digital marketing and custom online experiences in recent years to reach new and existing consumers. HB1365 provides the clarifications necessary to preserve those critical functions.

The Maryland General Assembly can move this crucial legislation forward confident they are empowering our small businesses at a time they sorely need it. Passing HB1365 will represent a step in the right direction during turbulent times. We have the opportunity to preserve robust data privacy protections for Maryland’s consumers, while at the same time supporting small businesses and keeping the door open for innovation. Let’s take it.

 

Kelly Schulz is CEO of the Maryland Tech Council, the largest technology and trade association in the state. She previously served as Maryland Secretary of Commerce and Maryland Secretary of Labor.

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