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Can I collect personal information from my customers in California in North Dakota? What are the requirements?
To collect personal information from customers in California while in North Dakota, you must comply with the requirements of both states.
In North Dakota, the disclosure of nonpublic personal financial information requires an initial notice to consumers, notice and authorization, and a valid authorization to disclose nonpublic personal information [1.2]([1.4]). However, there are exceptions to these requirements, such as when the consumer provides consent or direction, to protect against fraud or unauthorized transactions, or to comply with legal requirements [1.2]([1.2]).
In California, businesses that collect personal information from California residents must comply with the California Consumer Privacy Act (CCPA) [1.1]. The CCPA requires businesses to provide notice to consumers about the collection, use, and sharing of their personal information, as well as the right to request deletion of their personal information [1.1].
Therefore, to collect personal information from customers in California while in North Dakota, you must comply with both the CCPA and North Dakota’s requirements for the disclosure of nonpublic personal financial information.
Please note that this is not legal advice and you should consult with a licensed attorney for specific legal guidance.
Source(s):
- [1.1] Annual privacy notice to customers required.
- [1.2] Other exceptions to notice and authorization requirements for disclosure of nonpublic personal financial information.
- [1.4] Limits on disclosure of nonpublic personal financial information to nonaffiliated third parties.
Jurisdiction
California, North Dakota