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Can I use third-party email marketing tools that collect personal information in Kentucky? What are the requirements?
Using Third-Party Email Marketing Tools in Kentucky
If you are using third-party email marketing tools that collect personal information in Kentucky, you must comply with the state’s data breach notification laws and the Kentucky True Origin of Digital Goods and Truth in Musical Advertising Act [1.2].
Under KRS 61.933, state agencies and nonaffiliated third parties must notify individuals if they suspect or have determined that a breach of personal information has occurred with respect to personal information that the state agency or nonaffiliated third party maintains or otherwise possesses on behalf of another agency. Additionally, KRS 367.632 requires a person who owns or operates a website or online service dealing in substantial part in the electronic dissemination of third-party commercial recordings or audiovisual work to clearly and conspicuously disclose their true and correct name, physical address, telephone number, and email address on their website or online service in a location readily accessible to a consumer using or visiting the website or online service.
Furthermore, any merchant, caller, or other person who uses electronic equipment within Kentucky for purposes of telephone solicitation shall, as a condition of that use, be deemed to have accepted the provisions of KRS 367.46951 to 367.46999 and of KRS Chapter 526 [1.2].
Therefore, if you are using third-party email marketing tools that collect personal information in Kentucky, you must ensure that you comply with these laws and disclose your contact information on your website or online service. Additionally, if you are using electronic equipment within Kentucky for purposes of telephone solicitation, you must comply with the provisions of KRS 367.46951 to 367.46999 and of KRS Chapter 526 [1.2][1.3][1.5].
Conclusion
To summarize, if you are using third-party email marketing tools that collect personal information in Kentucky, you must comply with the state’s data breach notification laws and the Kentucky True Origin of Digital Goods and Truth in Musical Advertising Act. This includes disclosing your contact information on your website or online service. Additionally, if you are using electronic equipment within Kentucky for purposes of telephone solicitation, you must comply with the provisions of KRS 367.46951 to 367.46999 and of KRS Chapter 526.
Source(s):
- [1.2] Person using electronic equipment for solicitation deemed to have accepted Kentucky law.
- [1.3] Registration of solicitor of subscription sales of printed material – Information required.
- [1.5] Prohibited telephone solicitation acts and practices. (Effective until June 27, 2019)
Jurisdiction
Kentucky