Md. Code Regs. 31.16.08.05

Current through Register Vol. 51, No. 24, December 2, 2024

Section 31.16.08.05 - Initial Privacy Notice for Financial Information to Consumers Required

A. A licensee shall provide a clear and conspicuous notice that accurately reflects its privacy policies and practices for nonpublic financial information to:

(1) An individual who becomes the licensee's customer, not later than when the licensee establishes a customer relationship, except as provided in §E of this regulation; and

(2) A consumer, before the licensee discloses any nonpublic personal financial information about the consumer to any nonaffiliated third party, if the licensee makes a disclosure other than as authorized by Regulations .15 and .16 of this chapter.

B. A licensee is not required to provide an initial notice to a consumer under §A(2) of this regulation if:

(1) The licensee does not:

(a) Disclose any nonpublic personal financial information about the consumer to any nonaffiliated third party, other than as authorized by Regulations .15 and .16 of this chapter; and

(b) Have a customer relationship with the consumer; or

(2) An affiliated licensee has provided a notice to the consumer that:

(a) Clearly identifies all licensees to whom the notice applies; and

(b) Is accurate with respect to the licensee and the other institutions.

C. When Licensee Establishes Customer Relationship.

(1) A licensee establishes a customer relationship at the time the licensee and the consumer enter into a continuing relationship, including when the consumer:

(a) Becomes a policyholder of a licensee; or

(b) Agrees to obtain financial, economic, or investment advisory services relating to insurance products or insurance services for a fee from the licensee.

(2) For purposes of §C(1) of this regulation, a consumer becomes a policyholder of a licensee:

(a) If the licensee is an insurer, when the insurer delivers an insurance policy or contract to the consumer; or

(b) If the licensee is an insurance producer or insurance broker, when the consumer obtains insurance through that licensee.

D. When an existing customer obtains a new insurance product or insurance service from a licensee that is to be used primarily for personal, family, or household purposes, the licensee satisfies the initial notice requirements of §A of this regulation as follows:

(1) The licensee may provide a revised policy notice, under Regulation .09 of this chapter, that covers the customer's new insurance product or insurance service; or

(2) If the initial, revised, or annual notice that the licensee most recently provided to that customer was accurate with respect to the new insurance product or insurance service, the licensee does not need to provide a new privacy notice under §A of this regulation.

E. A licensee may provide the initial notice required by §A(1) of this regulation within a reasonable time after the licensee establishes a customer relationship if:

(1) Establishing the customer relationship is not at the customer's election; or

(2) Providing notice not later than when the licensee establishes a customer relationship would substantially delay the customer's transaction, and the customer agrees to receive the notice at a later time.

F. Manner of Delivery.

(1) Except as provided in §F(2) of this regulation, a licensee subject to this regulation shall deliver an initial privacy notice in accordance with Regulation .10 of this chapter.

(2) A licensee that uses a short-form initial notice provided for under Regulation .07K of this chapter may deliver its privacy notice in accordance with Regulation .07K(3) of this chapter.

Md. Code Regs. 31.16.08.05