March 13, 2026
The Maine Legislature is considering LD 1822, The Maine Online Data Privacy Act. While well intentioned, LD 1822 goes significantly beyond data privacy laws enacted in other states and could create serious unintended consequences for Maine businesses that rely on digital advertising to reach customers and supporters.
For many small outdoor brands and service providers, digital advertising is one of the most affordable and effective ways to grow. This bill would make that harder, and in some cases impractical, by:
- Restricting the use of third-party data that helps businesses reach customers already interested in outdoor activities.
- Limiting location-based advertising that connects businesses with nearby consumers.
- Imposing complex opt-out and compliance requirements that small businesses do not control and often lack the resources to manage.
- Creating a different regulatory standard in Maine, adding cost and complexity for companies operating across state lines
An Uneven Playing Field
One of the most concerning aspects of LD 1822 is that it does little to curb the power of the largest technology platforms. Companies like Google, Meta, and Oracle will continue selling consumer data in the other 49 states. Meanwhile, Maine businesses would face tighter restrictions than competitors just across the border.
In practical terms, a company in New Hampshire could have more marketing tools at its disposal than a company in Maine. At a time of economic uncertainty, we should be looking for ways to strengthen Maine-based businesses, not disadvantage them.
Examples: What This Means for Segments of Maine’s Outdoor Economy
1. Outdoor Product Retailer
A Maine-based outdoor retailer selling hiking, paddling, and winter gear relies on interest-based advertising to reach people already researching trail guides or camping equipment. Under LD 1822, this outreach would be classified as targeted advertising and subject to opt-out and compliance requirements the retailer does not control.
Faced with uncertainty around data sourcing and liability, the retailer may scale back or abandon these campaigns while larger national brands, backed by first-party data and legal teams, remain largely unaffected.
2. Local Bike Shop
A locally owned bike shop competes with national e-commerce brands. It uses digital ads to reach customers searching for bike repairs or cycling gear — often capturing business before a purchase defaults to a national platform.
Under LD 1822, this kind of prospecting becomes legally complex and risky. Without the resources to manage compliance frameworks, the shop may stop advertising altogether, further tilting the playing field toward large online retailers.
3. Maine Guide Service
A small Maine guide offering “Mom–Daughter Fly Fishing Trips” markets to women who have shown interest in fly fishing or outdoor travel. The goal is simple: introduce families to an experience they may not know exists.
Under LD 1822, this outreach would be classified as targeted advertising and subject to compliance obligations the guide cannot practically manage. Because the experience involves a parent and child, ambiguity around the bill’s standards related to minors adds further legal uncertainty even when advertising is directed at the parent.
The likely result? The campaign doesn’t run. Not because it’s inappropriate, but because it’s too risky.
Take Action
LD 1822 will soon be considered by the Maine House, after passing in the Senate with an amendment to exempt political campaigns. If you are a small business owner, outdoor industry professional, or supporter of Maine’s recreation economy, now is the time to speak up.
We encourage you to contact your State Representative and share how digital advertising supports your business, your employees, and your community. Personal stories matter.
Maine’s outdoor businesses support jobs, rural communities, and a vibrant $3.9B recreation economy. Thoughtful privacy protections are important, but they must be balanced in a way that does not unintentionally disadvantage the very small businesses that power Maine’s economy.