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Do we need to provide a “click through” disclaimer for links on our website that leave our website and lead to our online mortgage application platform, which is run by a third-party service provider? – IBA Compliance Connection

IBA Compliance Connection

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Do we need to provide a “click through” disclaimer for links on our website that leave our website and lead to our online mortgage application platform, which is run by a third-party service provider?

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No, we do not recommend using a click through disclaimer when linking to a third-party service provider’s website that is providing a service on behalf of the bank.

The interagency guidance on web linking recommends using a disclaimer when linking to third-party websites that are “not under direct control of the financial institution.” However, the guidance does not apply when linking to a third-party service provider that is providing services on behalf of a financial institution. Because the mortgage application platform is a service provided on your institution’s behalf, the guidance on providing disclaimers is inapplicable in this case. Also, it likely would be viewed as inappropriate for your institution to disclaim its responsibility for the mortgage application platform’s services or content, since your institution ultimately is responsible for the services that any third party vendor provides on your behalf.

For resources related to our guidance, please see:

  • Interagency Guidance on Weblinking (April 23, 2003) (Footnote 3: “This guidance applies to links to third parties that offer products, services, or information directly to financial institution customers. It does not apply to operational links from a financial institution’s website to a third party service provider that is providing services on behalf of the financial institution, e.g., a link to the institution’s Internet banking service provider.”)
  • FDIC Guidance for Managing Third-Party Risk (June 6, 2008) (“The use of third parties in no way diminishes the responsibility of the board of directors and management to ensure that the third-party activity is conducted in a safe and sound manner and in compliance with applicable laws, regulations, and internal policies.”)