[Code of Federal Regulations]
[Title 16, Volume 1]
[Revised as of January 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 16CFR313.18]

[Page 410-412]
 
                     TITLE 16--COMMERCIAL PRACTICES
 
                   CHAPTER I--FEDERAL TRADE COMMISSION
 
PART 313--PRIVACY OF CONSUMER FINANCIAL INFORMATION--Table of Contents
 
            Subpart D--Relation to Other Laws; Effective Date
 
Sec. 313.18  Effective date; transition rule.

    (a) Effective date. (1) General rule. This part is effective 
November 13, 2000. In order to provide sufficient time for you to 
establish policies and systems to comply with the requirements of this 
part, the Commission has extended the time for compliance with this part 
until July 1, 2001.
    (2) Exception. This part is not effective as to any institution that 
is significantly engaged in activities that the Federal Reserve Board 
determines, after November 12, 1999, (pursuant to its authority in 
Section 4(k)(1-3) of the Bank Holding Company Act), are activities that 
a financial holding company may engage in, until the Commission so 
determines.
    (b)(1) Notice requirement for consumers who are your customers on 
the compliance date. By July 1, 2001, you must have provided an initial 
notice, as required by Sec. 313.4, to consumers who are your customers 
on July 1, 2001.
    (2) Example. You provide an initial notice to consumers who are your 
customers on July 1, 2001, if, by that date, you have established a 
system for providing an initial notice to all new customers and have 
mailed the initial notice to all your existing customers.
    (c) Two-year grandfathering of service agreements. Until July 1, 
2002, a contract that you have entered into with a nonaffiliated third 
party to perform services for you or functions on your behalf satisfies 
the provisions of Sec. 313.13(a)(1) of this part, even if the contract 
does not include a requirement that the third party maintain the 
confidentiality of nonpublic personal information, as long as you 
entered into the contract on or before July 1, 2000.

                 Appendix A to Part 313--Sample Clauses

    Financial institutions, including a group of financial holding 
company affiliates that use a common privacy notice, may use the 
following sample clauses, if the clause is accurate for each institution 
that uses the notice. (Note that disclosure of certain information, such 
as assets and income, and information from a consumer reporting agency, 
may give rise to obligations under the Fair Credit Reporting Act, such 
as a requirement to permit a consumer to opt out of disclosures to 
affiliates or designation as a consumer reporting agency if disclosures 
are made to nonaffiliated third parties.)

      A-1--Categories of Information You Collect (All Institutions)

    You may use this clause, as applicable, to meet the requirement of 
Sec. 313.6(a)(1) to describe the categories of nonpublic personal 
information you collect.

                            Sample Clause A-1

    We collect nonpublic personal information about you from the 
following sources:
     Information we receive from you on applications or other 
forms;
     Information about your transactions with us, our 
affiliates, or others; and
     Information we receive from a consumer reporting agency.

A-2--Categories of Information You Disclose (Institutions That Disclose 
                       Outside of the Exceptions)

    You may use one of these clauses, as applicable, to meet the 
requirement of Sec. 313.6(a)(2) to describe the categories of nonpublic 
personal information you disclose. You may use these clauses if you 
disclose nonpublic personal information other than as permitted by the 
exceptions in Secs. 313.13, 313.14, and 313.15.

                    Sample Clause A-2, Alternative 1

    We may disclose the following kinds of nonpublic personal 
information about you:

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     Information we receive from you on applications or other 
forms, such as [provide illustrative examples, such as ``your name, 
address, social security number, assets, and income''];
     Information about your transactions with us, our 
affiliates, or others, such as [provide illustrative examples, such as 
``your account balance, payment history, parties to transactions, and 
credit card usage'']; and
     Information we receive from a consumer reporting agency, 
such as [provide illustrative examples, such as ``your creditworthiness 
and credit history''].

                    Sample Clause A-2, Alternative 2

    We may disclose all of the information that we collect, as described 
[describe location in the notice, such as ``above'' or ``below''].

  A-3--Categories of Information You Disclose and Parties to Whom You 
 Disclose (Institutions That Do Not Disclose Outside of the Exceptions)

    You may use this clause, as applicable, to meet the requirements of 
Secs. 313.6(a)(2), (3), and (4) to describe the categories of nonpublic 
personal information about customers and former customers that you 
disclose and the categories of affiliates and nonaffiliated third 
parties to whom you disclose. You may use this clause if you do not 
disclose nonpublic personal information to any party, other than as 
permitted by the exceptions in Secs. 313.14, and 313.15.

                            Sample Clause A-3

    We do not disclose any nonpublic personal information about our 
customers or former customers to anyone, except as permitted by law.

   A-4--Categories of Parties to Whom You Disclose (Institutions That 
                   Disclose Outside of the Exceptions)

    You may use this clause, as applicable, to meet the requirement of 
Sec. 313.6(a)(3) to describe the categories of affiliates and 
nonaffiliated third parties to whom you disclose nonpublic personal 
information. You may use this clause if you disclose nonpublic personal 
information other than as permitted by the exceptions in Secs. 313.13, 
313.14, and 313.15, as well as when permitted by the exceptions in 
Secs. 313.14, and 313.15.

                            Sample Clause A-4

    We may disclose nonpublic personal information about you to the 
following types of third parties:
     Financial service providers, such as [provide illustrative 
examples, such as ``mortgage bankers, securities broker-dealers, and 
insurance agents''];
     Non-financial companies, such as [provide illustrative 
examples, such as ``retailers, direct marketers, airlines, and 
publishers'']; and
     Others, such as [provide illustrative examples, such as 
``non-profit organizations''].
    We may also disclose nonpublic personal information about you to 
nonaffiliated third parties as permitted by law.

             A-5--Service Provider/Joint Marketing Exception

    You may use one of these clauses, as applicable, to meet the 
requirements of Sec. 313.6(a)(5) related to the exception for service 
providers and joint marketers in Sec. 313.13. If you disclose nonpublic 
personal information under this exception, you must describe the 
categories of nonpublic personal information you disclose and the 
categories of third parties with whom you have contracted.

                    Sample Clause A-5, Alternative 1

    We may disclose the following information to companies that perform 
marketing services on our behalf or to other financial institutions with 
whom we have joint marketing agreements:
     Information we receive from you on applications or other 
forms, such as [provide illustrative examples, such as ``your name, 
address, social security number, assets, and income''];
     Information about your transactions with us, our 
affiliates, or others, such as [provide illustrative examples, such as 
``your account balance, payment history, parties to transactions, and 
credit card usage'']; and
     Information we receive from a consumer reporting agency, 
such as [provide illustrative examples, such as ``your creditworthiness 
and credit history''].

                    Sample Clause A-5, Alternative 2

    We may disclose all of the information we collect, as described 
[describe location in the notice, such as ``above'' or ``below''] to 
companies that perform marketing services on our behalf or to other 
financial institutions with whom we have joint marketing agreements.

A-6--Explanation of Opt Out Right (Institutions that Disclose Outside of 
                             the Exceptions)

    You may use this clause, as applicable, to meet the requirement of 
Sec. 313.6(a)(6) to provide an explanation of the consumer's right to 
opt out of the disclosure of nonpublic personal information to 
nonaffiliated third parties, including the method(s) by which the 
consumer may exercise that right. You may use this clause if you 
disclose nonpublic personal information other than as permitted by the 
exceptions in Secs. 313.13, 313.14, and 313.15.

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                            Sample Clause A-6

    If you prefer that we not disclose nonpublic personal information 
about you to nonaffiliated third parties, you may opt out of those 
disclosures, that is, you may direct us not to make those disclosures 
(other than disclosures permitted by law). If you wish to opt out of 
disclosures to nonaffiliated third parties, you may [describe a 
reasonable means of opting out, such as ``call the following toll-free 
number: (insert number)''].

          A-7--Confidentiality and Security (All Institutions)

    You may use this clause, as applicable, to meet the requirement of 
Sec. 313.6(a)(8) to describe your policies and practices with respect to 
protecting the confidentiality and security of nonpublic personal 
information.

                            Sample Clause A-7

    We restrict access to nonpublic personal information about you to 
[provide an appropriate description, such as ``those employees who need 
to know that information to provide products or services to you'']. We 
maintain physical, electronic, and procedural safeguards that comply 
with federal regulations to guard your nonpublic personal information.

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