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

Use of Personal Information in Pennsylvania

In Pennsylvania, the use and release of personal information is regulated by the Pennsylvania Code (PACO). The disclosure of nonpublic personal financial information to nonaffiliated third parties is subject to opt-out requirements, except in certain circumstances [1.1][1.4][1.6].

Third-Party Email Marketing Tools

If you are using a third-party email marketing tool that collects personal information, you may be subject to the opt-out requirements under PACO. However, there are exceptions to these requirements for service providers and joint marketing [1.1][1.4][1.6].

To be exempt from the opt-out requirements, you must provide an initial notice to consumers in accordance with § 146a.11 and enter into a contractual agreement with the nonaffiliated third party that prohibits the nonaffiliated third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [1.1].

Limits on Redisclosure and Reuse of Nonpublic Personal Financial Information

If you receive nonpublic personal financial information from a nonaffiliated financial institution under an exception in § 146a.32 or § 146a.33, your disclosure and use of that information is limited [1.2]. You may not disclose that information to a nonaffiliated third party for marketing purposes or use that information for your own marketing purposes [1.2].

Limits on Sharing Account Number Information for Marketing Purposes

You may not disclose, other than to a consumer reporting agency, a policy number or similar form of access number or access code for a consumer’s policy or transaction account to any nonaffiliated third party for use in telemarketing, direct mail marketing, or other marketing through electronic mail to the consumer [1.3]. However, there are exceptions to this rule [1.3].

Requirements

To use third-party email marketing tools that collect personal information in Pennsylvania, you must:

  • Provide an initial notice to consumers in accordance with § 146a.11
  • Enter into a contractual agreement with the nonaffiliated third party that prohibits the nonaffiliated third party from disclosing or using the information other than to carry out the purposes for which the licensee disclosed the information [1.1]

Note that there may be other requirements under PACO that apply to your specific situation. It is recommended that you consult with a legal professional to ensure compliance with all applicable regulations.

Source(s):
Jurisdiction

Pennsylvania