A registered broker-dealer decides to change its information-sharing practices and plans to begin disclosing nonpublic personal information of its retail customers to nonaffiliated third-party marketing companies. Under SEC Regulation S-P, which of the following actions must the firm complete before disclosing this information?
- Provide an updated privacy notice describing the disclosure policy and grant customers a clear, reasonable opt-out opportunity prior to sharing the information.Cevap
- BObtain express written opt-in authorization signed by each customer prior to releasing any nonpublic personal financial data.
- CDeliver privacy notices only when an account is closed or liquidated, provided the customer was classified as an accredited investor at account opening.
- DFile an exemption form with FINRA 30 days prior to sharing data, which automatically waives the requirement to notify individual retail customers.
Cevap
The broker-dealer must provide an updated privacy notice explaining the policy and afford customers a reasonable opportunity and clear mechanism to opt out before sharing nonpublic personal information with nonaffiliated third parties.
Under SEC Regulation S-P, financial institutions such as broker-dealers must safeguard customer nonpublic personal information. If a firm intends to share this information with nonaffiliated third parties, it must provide customers with a privacy notice detailing its disclosure practices and give them a reasonable opportunity and practical means (e.g., toll-free number or electronic opt-out form) to opt out before the information is released.
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Regulation S-P Privacy Notice and Opt-Out Requirements
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