General requirements to tell customers, employees, or the public when AI is being used in decisions. Here is what Maryland businesses need to know in 2026.
Maryland has enacted HB 1339 — Automated Decision Systems. Employers must disclose AI use in hiring. Impact assessments required for high-stakes decisions.
State law does not replace federal law — you must comply with both. These federal rules apply to ai disclosure nationwide:
Maryland's HB 1339 — Automated Decision Systems often includes size-based exemptions. Businesses with fewer than 25 employees may be exempt, but should verify thresholds. Always review the specific statute for employee count and revenue thresholds.
The key deadline in Maryland is October 1, 2026. The law is enacted and compliance is required by the deadline above.
Maryland penalties for AI non-compliance: Up to $10,000 per violation. While enforcement is still developing, companies found non-compliant face civil penalties and potential litigation.
Federal law does not currently preempt state AI laws. Maryland's HB 1339 — Automated Decision Systems applies independently of federal rules. Federal laws like ECOA, FCRA, and HIPAA also apply alongside state law — so you must comply with both.
Best practice: document all AI systems used, conduct an internal audit, implement required disclosures, and keep records for at least 3 years. For high-risk uses like ai disclosure, consider hiring an independent third-party auditor to validate compliance.
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