Your Cookie Banner Isn't Enough. Your Consent Strategy Needs an Upgrade.
You installed a cookie banner last year. You thought you were done with compliance.
But things changed.
Maryland just rolled out MODPA in October 2025. It's stricter than most privacy laws you've seen. And if you're collecting data from Maryland residents, that basic cookie banner isn't cutting it anymore.
The Problem With "Set It and Forget It"
Most businesses install a cookie banner once and never look at it again. They assume it covers everything. It doesn't.
Privacy laws are different in every state. California has CCPA. Virginia has its own rules. Now Maryland has MODPA. Your single cookie banner can't handle all these differences. It's like using the same key for different locks.
Here's what makes Maryland different:
MODPA has a concept called "strictly necessary." You can't collect sensitive data unless it's absolutely required to deliver your service. This is tougher than California's approach. Under CCPA, you can collect data and let users opt out. Maryland flips this. You need a solid reason upfront.
What Counts as Sensitive Data?
This is where businesses mess up. They don't realize what's considered sensitive under MODPA:
- Health information (yes, even fitness app data)
- Racial or ethnic origin
- Religious beliefs
- Sexual orientation
- Immigration status
- Biometric data
If you're tracking any of this, even accidentally, you need MODPA compliance.
Small Business? MODPA Doesn't Care
I've heard this a lot: "We're too small for this to matter."
Wrong. MODPA applies if you process data from 35,000+ Maryland consumers OR if you process 10,000+ consumers and make 20% of revenue from selling data. These thresholds are lower than other states. You're likely covered even if you think you're not.
Your Consent Strategy Needs These Three Things
1. Geographic awareness - Your system needs to know where visitors are from and show them the right message.
2. Automatic updates - Laws change. Your compliance should update automatically.
3. Granular controls - Users need real choices, not a "accept all" button that does nothing.
Most cookie banners give you none of this.
There's a Better Way
I've been testing Seers.ai for the past few months. It handles everything I just mentioned. It detects visitor locations automatically. It shows MODPA-compliant banners to Maryland visitors and CCPA-compliant banners to California visitors. One setup, multiple states covered.
The platform updates when new laws come out. You're not stuck manually updating your banner every few months. For WordPress and Shopify users, there are plugins that make setup incredibly simple:
If you want to understand MODPA in detail, check out this guide: Maryland Online Data Privacy Act Explained
Bottom Line
Your cookie banner was step one. But compliance in 2025 means adapting to multiple state laws. Maryland's MODPA is just one example. More states are coming.
Don't wait for a compliance issue to upgrade your strategy. Fix it now while you have time.
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