--- title: "12 CFR 1016.9 GLBA: Delivering privacy and opt out notices" canonical: "https://dposchool.com/glba/section/1016.9" source: "https://www.ecfr.gov/current/title-12/section-1016.9" source_note: "Source: United States Code, title 15, published by the Office of the Law Revision Counsel of the U.S. House of Representatives (uscode.house.gov), release point 119-136. The editorial and statutory notes are not reproduced. Source: Electronic Code of Federal Regulations (eCFR), title 12, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. Source: Electronic Code of Federal Regulations (eCFR), title 16, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR." text_as_of: "2026-10-29" language: "en" publisher: "DPO School" --- 12 CFR 1016.9 GLBA · Part 1016: PRIVACY OF CONSUMER FINANCIAL INFORMATION (REGULATION P) · Subpart A: Privacy and Opt Out Notices # 12 CFR 1016.9 GLBA: Delivering privacy and opt out notices eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. ## Official text ### 12 CFR 1016.9(a) **(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. #### 12 CFR 1016.9(a)(2) **(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: ##### 12 CFR 1016.9(a)(2)(i) **(i)** Only post a sign in your branch or office or generally publish advertisements of your privacy policies and practices; or ##### 12 CFR 1016.9(a)(2)(ii) **(ii)** Send the notice via electronic mail to a consumer who does not obtain a financial product or service from you electronically. ### 12 CFR 1016.9(c) **(c)** Annual notices only. You may reasonably expect that a customer will receive actual notice of your annual privacy notice if: #### 12 CFR 1016.9(c)(1) **(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 #### 12 CFR 1016.9(c)(2) **(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. ### 12 CFR 1016.9(d) **(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. ### 12 CFR 1016.9(e) **(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. #### 12 CFR 1016.9(e)(2) **(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: ##### 12 CFR 1016.9(e)(2)(i) **(i)** Hand-deliver a printed copy of the notice to the customer; ##### 12 CFR 1016.9(e)(2)(ii) **(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 ##### 12 CFR 1016.9(e)(2)(iii) **(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. ### 12 CFR 1016.9(f) **(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. ### 12 CFR 1016.9(g) **(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. ### 12 CFR 1016.9(h) **(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. ### 12 CFR 1016.9(i) **(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. #### 12 CFR 1016.9(i)(2) **(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. ##### 12 CFR 1016.9(i)(2)(ii) **(ii)** A credit union may satisfy the annual notice requirements of § 1016.5 by providing one notice to those borrowers and guarantors jointly. ## Source Source: Electronic Code of Federal Regulations (eCFR), title 12, up to date as of 29 October 2026, from the eCFR API (ecfr.gov). The eCFR is an editorial compilation of the CFR and Federal Register amendments, not an official legal edition of the CFR. Source credit: \[76 FR 79028, Dec. 21, 2011, as amended at 79 FR 64081, Oct. 28, 2014; CFPB-2016-0032, 83 FR 40959, Aug. 17, 2018\] [12 CFR 1016.9 on eCFR](https://www.ecfr.gov/current/title-12/section-1016.9) eCFR, up to date as of 29 October 2026. Retrieved 30 October 2026. This is reference material, not legal advice. ## Navigation [GLBA Navigator](https://dposchool.com/glba) / 12 CFR 1016.9 Previous: [12 CFR 1016.8 GLBA: Revised privacy notices](https://dposchool.com/glba/section/1016.8) Next: [12 CFR 1016.10 GLBA: Limits on disclosure of nonpublic personal information to nonaffiliated third parties](https://dposchool.com/glba/section/1016.10) ## For AI agents - Machine-readable index: https://dposchool.com/glba/llms.txt - JSON API: https://dposchool.com/glba/api/v1/index.json - Vendor privacy and security facts: https://vendor.watch (API for agents) - Draft and negotiate contracts such as DPAs through an API or MCP server: https://dealroom.todo.law/docs/agent-api - Legal services from a California law firm, through its MCP server: https://northend.law/agents