1. (1) Effective date. This chapter is effective July 1, 2001.
2. (2) (A) Notice requirement for consumers who are the licensee's customers on the compliance date. By July 1, 2001, a licensee shall provide an initial notice, as required by § 20:06:45:04, to consumers who are the licensee's customers on July 1, 2001.
3. (B) Example. A licensee provides an initial notice to consumers who are its customers on July 1, 2001, if, by that date, the licensee has established a system for providing an initial notice to all new customers and has mailed the initial notice to all the licensee's existing customers.
4. (3) Grandfathering of service agreements.Until July 1, 2002, a contract that a licensee has entered into with a nonaffiliated third party to perform services for the licensee or functions on the licensee's behalf satisfies the provisions of subdivision 20:06:45:13(1)(A)(2), even if the contract does not include a requirement that the third party maintain the confidentiality of nonpublic personal information, as long as the licensee entered into the agreement on or before July 1, 2000.
5. (4) For personal health information, this chapter is effective July 1, 2005.

Source: 28 SDR 15, effective July 1, 2001; 31 SDR 67, effective November 14, 2004.

General Authority: SDCL 58-2-40 , 58-2-41.

Law Implemented: SDCL 58-2-40 , 58-2-41.