North Dakota Administrative Code
Title 45 - Insurance, Commissioner of
Article 45-14 - Consumer Privacy
Chapter 45-14-01 - Privacy of Consumer Financial and Health Information
Section 45-14-01-14 - Exception to authorization requirements for disclosure of nonpublic personal financial information for service providers and joint marketing

a. The notice and authorization requirements in sections 45-14-01 -08 and 45-14-01-11 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, including use under an exception in section 45-14-01 -15 or 45-14-01 -16 in the ordinary course of business to carry out those purposes.

b. Example. If a licensee discloses nonpublic personal financial information under this section to a financial institution with which the licensee performs joint marketing, the licensee's contractual agreement with that institution meets the requirements of subdivision a if it prohibits the institution from disclosing or using the nonpublic personal financial information except as necessary to carry out the joint marketing or under an exception in section 45-14-01-15 or 45-14-01-16 in the ordinary course of business to carry out that joint marketing.