Can I use third-party email marketing tools that collect personal information in Nevada? What are the requirements?

Third-Party Email Marketing Tools and Personal Information Collection in Nevada

If you are using third-party email marketing tools that collect personal information in Nevada, you must comply with the state’s privacy laws. The Nevada Revised Statutes (NRS) define “personal information” as a natural person’s first name or first initial and last name in combination with certain data elements ^[1.1](^[2.1]:).

Under NRS 603A.040, personal information includes a user name, unique identifier, or electronic mail address in combination with a password, access code, or security question and answer that would permit access to an online account ^[1.1](^[2.1]:). Therefore, if your email marketing tool collects any of these data elements in combination with a user’s name, it is considered personal information under Nevada law.

Requirements for Collecting Personal Information in Nevada

If you collect personal information from Nevada residents, you may be subject to the state’s privacy laws. For example, NRS 603A.220 requires businesses to notify individuals if their personal information has been subject to a data breach ^[1.2]. Additionally, NRS 645G.280 requires applicants for certain licenses to submit personal history, financial history, and other information to the Nationwide Multistate Licensing System and Registry ^[2.1](^[1.2]:).

However, there are currently no specific requirements for businesses that collect personal information through third-party email marketing tools in Nevada. It is recommended that you review the state’s privacy laws and consult with legal counsel to ensure compliance with all applicable regulations.

Conclusion

If you are using third-party email marketing tools that collect personal information in Nevada, you must comply with the state’s privacy laws. While there are currently no specific requirements for businesses that collect personal information through email marketing tools, it is important to review the state’s privacy laws and consult with legal counsel to ensure compliance with all applicable regulations.

Source(s):

• [1.1] “Personal information” defined.
• [2.1] Nationwide Multistate Licensing System and Registry: Commissioner required to report certain information or material; confidentiality of information or material provided; Commissioner authorized to enter into certain agreements and arrangements. [Effective on the date on which the Commissioner of Financial Institutions notifies the Governor and the Director of the Legislative Counsel Bureau that the Nationwide Multistate Licensing System and Registry has sufficient capabilities to allow the Commissioner to carry out the provisions of chapter 347, Statutes of Nevada 2021, at page 2030.]
• [1.2] Disclosure of breach of security of system data; methods of disclosure.

Jurisdiction

Nevada

• Privacy