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

Use of Third-Party Email Marketing Tools in North Dakota

Yes, you can use third-party email marketing tools that collect personal information in North Dakota, but you must comply with the state’s privacy laws.

Disclosure of Nonpublic Personal Financial Information

If you are a financial institution, you must comply with NDAC Section 13-03-18-03, which requires obtaining written consent from customers before disclosing their personal information to nonaffiliated third parties under a “joint marketing agreement” [3.1]. However, NDAC Section 45-14-01-14 provides an exception to the authorization requirements for disclosure of nonpublic personal financial information for service providers and joint marketing, subject to certain conditions [1.1].

Under this exception, the notice and authorization requirements do not apply when a licensee provides nonpublic personal financial information to a nonaffiliated third party to perform services for the licensee or functions on the licensee’s behalf, if the licensee provides the initial notice in accordance with section 45-14-01-05 and enters into a contractual agreement with the third party that prohibits the third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [1.1].

Other Exceptions to Notice and Authorization Requirements

NDAC Section 45-14-01-16 provides other exceptions to the notice and authorization requirements for disclosure of nonpublic personal financial information, including disclosure with the consent or at the direction of the consumer, to protect against or prevent fraud or unauthorized transactions, to comply with legal requirements, and for purposes related to the replacement of a group benefit plan, a group health plan, a group welfare plan, or a workers’ compensation plan [1.3].

Limits on Disclosure of Personal Information

NDAC Section 39-33-02 prohibits the disclosure and use of personal information from department records obtained by the department in connection with a motor vehicle record, except as provided in certain sections [2.1]. NDAC Section 45-14-01-13 limits the sharing of account number information for marketing purposes, with exceptions for certain disclosures [1.2]. NDAC Section 45-14-01-11 limits the disclosure of nonpublic personal financial information to nonaffiliated third parties, with exceptions for certain disclosures and authorizations [1.4]. NDAC Section 45-14-01-17 requires authorization for the disclosure of nonpublic personal health information, with exceptions for certain disclosures and authorizations [1.5].

Conclusion

To use third-party email marketing tools that collect personal information in North Dakota, you must comply with the state’s privacy laws, including obtaining written consent from customers before disclosing their personal information to nonaffiliated third parties under a “joint marketing agreement” if you are a financial institution [3.1]. However, there are exceptions to the notice and authorization requirements for disclosure of nonpublic personal financial information under certain conditions [1.1][1.3]. There are also limits on the disclosure and use of personal information from department records obtained by the department in connection with a motor vehicle record [2.1], sharing of account number information for marketing purposes [1.2], disclosure of nonpublic personal financial information to nonaffiliated third parties [1.4], and disclosure of nonpublic personal health information [1.5].

Source(s):
Jurisdiction

North Dakota