source:
  type: regulation
  id: reg-p-1016.9
  authority: 12 CFR §1016.9 — Delivering privacy and opt out notices (Regulation P)
  description: 12 CFR §1016.9 — Delivering privacy and opt out notices.
  coverage_tier: operative
obligations:
- id: reg-p-1016.9-full
  canonical_id: reg-p-1016.9-full
  section: 12 CFR §1016.9 — Delivering privacy and opt out notices
  type: do
  tags:
  - regulator-direct
  - glba-privacy
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: 12 CFR §1016.9 — Delivering privacy and opt out notices (Regulation
      P)
    source_class: cfpb-regulation
    source_url: https://www.law.cornell.edu/cfr/text/12/1016.9
    snapshot_id: 8142c4c26c7d1c82
    fetched_at: '2026-06-17T20:38:43Z'
    content_hash: sha256:bece4274d63708a467d2fab632e6e273b1215ce324910942724c3e68d746e2c8
    paragraph_quote: '§ 1016.9 Delivering privacy and opt out notices. (a) How to
      provide notices. You must provide any privacy notices and opt out notices, including
      short-form initial notices, that this part requires so that each consumer can
      reasonably be expected to receive actual notice in writing or, if the consumer
      agrees, electronically. (b) (1) Examples of reasonable expectation of actual
      notice. You may reasonably expect that a consumer will receive actual notice
      if you: (i) Hand-deliver a printed copy of the notice to the consumer; (ii)
      Mail a printed copy of the notice to the last known address of the consumer;
      (iii) For the consumer who conducts transactions electronically: (A) In the
      case of financial institutions other than those described in § 1016.3(l)(3)
      of this part, post the notice on the electronic site and require the consumer
      to acknowledge receipt of the notice as a necessary step to obtaining a particular
      financial product or service; or (B) In the case of financial institutions described
      in § 1016.3(l)(3) , clearly and conspicuously post the notice on the electronic
      site and require the consumer to acknowledge receipt of the notice as a necessary
      step to obtaining a particular financial product or service; (iv) For an isolated
      transaction with the consumer, such as an ATM transaction, post the notice on
      the ATM screen and require the consumer to acknowledge receipt of the notice
      as a necessary step to obtaining the particular financial product or service.
      (2) Examples of unreasonable expectation of actual notice. You may not, however,
      reasonably expect that a consumer will receive actual notice of your privacy
      policies and practices if you: (i) Only post a sign in your branch or office
      or generally publish advertisements of your privacy policies and practices;
      or (ii) Send the notice via electronic mail to a consumer who does not obtain
      a financial product or service from you electronically. (c) Annual notices only.
      You may reasonably expect that a customer will receive actual notice of your
      annual privacy notice if: (1) The customer uses your website to access financial
      products and services electronically and agrees to receive notices at the website,
      and you post your current privacy notice continuously in a clear and conspicuous
      manner on the website; or (2) The customer has requested that you refrain from
      sending any information regarding the customer relationship , and your current
      privacy notice remains available to the customer upon request. (d) Oral description
      of notice insufficient. You may not provide any notice required by this part
      solely by orally explaining the notice, either in person or over the telephone.
      (e) Retention or accessibility of notices for customers. (1) For customers only,
      you must provide the initial notice required by § 1016.4(a)(1) , the annual
      notice required by § 1016.5(a) , and the revised notice required by § 1016.8
      so that the customer can retain them or obtain them later in writing or, if
      the customer agrees, electronically. (2) Examples of retention or accessibility.
      You provide a privacy notice to the customer so that the customer can retain
      it or obtain it later if you: (i) Hand-deliver a printed copy of the notice
      to the customer ; (ii) Mail a printed copy of the notice to the last known address
      of the customer , or, in the case of credit unions, mail a printed copy of the
      notice to the last known address of the customer upon request of the customer
      ; or (iii) Make your current privacy notice available on a Web site (or a link
      to another Web site) for the customer who obtains a financial product or service
      electronically and agrees to receive the notice at the Web site. (f) Joint notice
      with other financial institutions. You may provide a joint notice from you and
      one or more of your affiliates or other financial institutions, as identified
      in the notice, as long as the notice is accurate with respect to you and the
      other institutions. (g) Joint relationships in the case of financial institutions
      other than credit unions and covered entities subject to FTC enforcement jurisdiction.
      For purposes of this paragraph (g), “you” is limited to financial institutions
      other than credit unions and the financial institutions described in § 1016.3(l)(3)
      . If two or more consumers jointly obtain a financial product or service from
      you , you may satisfy the initial, annual, and revised notice requirements of
      §§ 1016.4(a) , 1016.5(a), and 1016.8(a), respectively, by providing one notice
      to those consumers jointly. (h) Joint relationships in the case of covered entities
      subject to FTC enforcement jurisdiction. For purposes of this paragraph (h),
      “you” is limited to the financial institutions described in § 1016.3(l)(3) .
      If two or more consumers jointly obtain a financial product or service from
      you , you may satisfy the initial, annual, and revised notice requirements of
      §§ 1016.4(a) , 1016.5(a), and 1016.8(a) by providing one notice to those consumers
      jointly, unless one or more of those consumers requests separate notices. (i)
      Joint relationships in the case of credit unions. (1) If two or more consumers
      jointly obtain a financial product or service, other than a loan, from a credit
      union , the credit union may satisfy the requirements of § 1016.4(a) by providing
      one initial notice to those consumers jointly. (2) Special rule for loans in
      the case of credit unions. (i) A credit union is required to provide an initial
      notice to a borrower or guarantor on a loan if the credit union shares his or
      her nonpublic personal information with nonaffiliated third parties other than
      for purposes under §§ 1016.13 , 1016.14, and 1016.15. (ii) A credit union may
      satisfy the annual notice requirements of § 1016.5 by providing one notice to
      those borrowers and guarantors jointly. [ 76 FR 79028 , Dec. 21, 2011, as amended
      at 79 FR 64081 , Oct. 28, 2014; CFPB-2016-0032, 83 FR 40959 , Aug. 17, 2018]'
  judgment: false
