{"data":{"id":"us-ut/utah-code-13-37-201","jurisdiction":"us-ut","citation":"Utah Code § 13-37-201","heading":"Required notice.","body":"(1)\n(a) In accordance with this section, a commercial entity shall provide the notice described in this section to a person if:\n(i) the commercial entity enters into a consumer transaction with that person;\n(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\n(iii) the commercial entity intends to or wants the ability to disclose the nonpublic personal information:\n(A) to a third party; and\n(B) for compensation; and\n(iv) the compensation described in Subsection (1)(a)(iii)(B):\n(A) is the primary consideration for the commercial entity disclosing the nonpublic personal information;\n(B) is directly related to the commercial entity disclosing the nonpublic personal information; and\n(C) is not compensation received by the commercial entity in consideration of a transaction described in Subsection (5).\n(b) For purposes of this chapter, a commercial entity is considered to have obtained information as a result of a consumer transaction if:\n(i) the person provides the information to the commercial entity:\n(A) at any time during the consumer transaction; and\n(B) at the request of the commercial entity; or\n(ii)\n(A) the commercial entity otherwise obtains the information; and\n(B) but for the consumer transaction, the commercial entity would not obtain the information.\n(2) The notice required by Subsection (1) shall be given before the earlier of:\n(a) the point at which the person is requested to provide the nonpublic personal information; or\n(b) the commercial entity otherwise obtains the nonpublic personal information as a result of the consumer transaction described in Subsection (1)(a).\n(3) The notice required by Subsection (1):\n(a) shall read substantially as follows: \"We may choose to disclose nonpublic personal information about you, the consumer, to a third party for compensation.\";\n(b) may be made:\n(i) orally, if the consumer transaction itself is entirely conducted orally; or\n(ii) in writing, if the notice is written in dark bold; and\n(c) shall be sufficiently conspicuous so that a reasonable person would perceive the notice before providing the nonpublic personal information.\n(4) This chapter does not apply to:\n(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\n(b) a covered entity as defined in 45 C.F.R. Parts 160 and 164.\n(5) Notwithstanding the other provisions of this section, a commercial entity is not required to provide notice under this section if:\n(a) the disclosure of the nonpublic personal information is related to the third party providing to the commercial entity:\n(i) services, including business outsource services;\n(ii) personal or real property; or\n(iii) other thing of value; and\n(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).","path":["Title 13 Commerce and Trade","Chapter 13-37 Notice of Intent to Sell Nonpublic Personal Information Act","Part 13-37-2 Notice of Disclosure"],"source_url":"https://le.utah.gov/xcode/Title13/Chapter37/13-37-S201.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"40bc227afc48ada0c08d1e92bd4b8003f6c90a9c559f7d341ca7699a6a552540","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-13-37-102","next":"us-ut/utah-code-13-37-202"},"notice":"GroundRules: Original legal text. Not legal advice."}