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Can I use third-party email marketing tools that collect personal information in New Mexico? What are the requirements?
Requirements for using third-party email marketing tools in New Mexico
If you are using third-party email marketing tools that collect personal information in New Mexico, you must comply with the state’s privacy and security laws.
Under 57-12C-4 NMSA, a person that owns or licenses personal identifying information of a New Mexico resident shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information to protect the personal identifying information from unauthorized access, destruction, use, modification or disclosure.
Additionally, if you are engaging in joint marketing activities with a financial institution, you must obtain authorization from the consumer whose nonpublic personal health information is sought to be disclosed for joint marketing, according to 13.1.3.17 NMAC.
A person that discloses personal identifying information of a New Mexico resident pursuant to a contract with a service provider shall require by contract that the service provider implement and maintain reasonable security procedures and practices appropriate to the nature of the personal identifying information and to protect it from unauthorized access, destruction, use, modification or disclosure, according to 57-12C-5 NMSA.
However, there are no specific requirements for using third-party email marketing tools that collect personal information in New Mexico outlined in the context documents provided.
Therefore, it is recommended that you consult with a legal professional to ensure that you are in compliance with all applicable laws and regulations.
[57-12C-4 NMSA][13.1.3.17 NMAC][57-12C-5 NMSA]
Jurisdiction
New Mexico