Section Ac 505.02 - Use of Third Party Service Providers(a) Before using a third party service provider, the licensee shall: (1) Enter into a binding, enforceable contractual agreement with the third-party service provider to maintain the confidentiality of the information; and(2) Receive reasonable assurances from the third-party service provider that it has appropriate procedures in place to prevent the unauthorized release of confidential information to others.(b) The nature and extent of procedures necessary to obtain reasonable assurance shall depend on the facts and circumstances, including the extent of publicly available information on the third party service provider's controls and procedures to safeguard confidential client information.(c) When a licensee has entered into a binding, enforceable contractual agreement with a third-party service provider, the licensee shall comply with Ac 404.02. Such disclosure shall not relieve the licensee of his or her obligations under these rules.(d) A licensee shall not be required to inform the client when the licensee contracts with or uses a third party service provider to provide administrative support service to the licensee.(e) A licensee shall provide a written disclosure to the client that the licensee is using a third-party provider to assist the licensee in providing any professional services to the client, excluding (d) above.(f) A licensee outsourcing professional services to a third-party provider shall be responsible for insuring a third-party provider is and remains in compliance with all applicable provisions of Ac 500.N.H. Admin. Code § Ac 505.02
Amended by Volume XXXV Number 01, Filed January 8, 2015, Proposed by #10746, Effective 1/1/2015, Expires1/1/2025.