Due diligence checklist, United States

CFPB Section 1033: what to ask a vendor

Personal Financial Data Rights rule (Dodd-Frank Act section 1033). CFPB. Data providers make consumer data available through developer interfaces, and third parties use it with consent.

A starting point, not legal advice. The regulator's own page: CFPB.

What it is

Data providers make consumer data available through developer interfaces, and third parties use it with consent.

Who it applies to

Applies to every financial institution in the United States, when procuring open banking and cdr, digital banking, payments.

What to ask a vendor, and the evidence to request

#Ask the vendor forEvidence to request
1Developer interfaces aligned with a recognised standard such as FDXConformance test results or a written statement of conformance against the standard, with the version supported.
2Consent, data use limits and no screen scraping where an interface existsA description of the consent and authentication flows with screenshots or a demonstration, and the standard they follow.

In every case

  • A named contact at the vendor responsible for this regime, and how the vendor tracks changes to it.
  • Which named customers the vendor already serves under this regime, as references you may call.

This checklist is a starting point for a procurement team, not legal advice. Read it with the regulator's own page, your institution's policies and your legal and risk teams; the regime may have changed since the date on this document.

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