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Utah Code Title 13. Commerce and Trade § 13-37-201. Required notice

Current as of January 01, 2025 | Updated by Findlaw Staff

(1)(a) In accordance with this section, a commercial entity shall provide the notice described in this section to a person if:

(i) the commercial entity enters into a consumer transaction with that person;

(ii) as a result of the consumer transaction described in this Subsection (1)(a), the commercial entity obtains nonpublic personal information concerning that person; and

(iii) the commercial entity intends to or wants the ability to disclose the nonpublic personal information:

(A) to a third party; and

(B) for compensation; and

(iv) the compensation described in Subsection (1)(a)(iii)(B):

(A) is the primary consideration for the commercial entity disclosing the nonpublic personal information;

(B) is directly related to the commercial entity disclosing the nonpublic personal information; and

(C) is not compensation received by the commercial entity in consideration of a transaction described in Subsection (5).

(b) For purposes of this chapter, a commercial entity is considered to have obtained information as a result of a consumer transaction if:

(i) the person provides the information to the commercial entity:

(A) at any time during the consumer transaction; and

(B) at the request of the commercial entity; or

(ii)(A) the commercial entity otherwise obtains the information; and

(B) but for the consumer transaction, the commercial entity would not obtain the information.

(2) The notice required by Subsection (1) shall be given before the earlier of:

(a) the point at which the person is requested to provide the nonpublic personal information; or

(b) the commercial entity otherwise obtains the nonpublic personal information as a result of the consumer transaction described in Subsection (1)(a).

(3) The notice required by Subsection (1):

(a) shall read substantially as follows: “We may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation.“;

(b) may be made:

(i) orally, if the consumer transaction itself is entirely conducted orally; or

(ii) in writing, if the notice is written in dark bold; and

(c) shall be sufficiently conspicuous so that a reasonable person would perceive the notice before providing the nonpublic personal information.

(4) This chapter does not apply to:

(a) a commercial entity that is subject to a federal law or regulation that governs the disclosure of nonpublic information to a third party; or

(b) a covered entity as defined in 45 C.F.R. Parts 160 and 164.

(5) Notwithstanding the other provisions of this section, a commercial entity is not required to provide notice under this section if:

(a) the disclosure of the nonpublic personal information is related to the third party providing to the commercial entity:

(i) services, including business outsource services;

(ii) personal or real property; or

(iii) other thing of value; and

(b) compensation received by the commercial entity as part of the transaction is received by the commercial entity for or in consideration of the transaction described in Subsection (5)(a).

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Cite this article: FindLaw.com - Utah Code Title 13. Commerce and Trade § 13-37-201. Required notice - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-13-commerce-and-trade/ut-code-sect-13-37-201/

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