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Notes

§84.85. Exceptions.

45 C.F.R. § 84.85

The requirements of § 84.84 do not apply to the following:
(a)
Archived web content. Archived web content as defined in § 84.10.
(b)
Preexisting conventional electronic documents. Conventional electronic documents that are available as part of a recipient's web content or mobile apps before the date the recipient is required to comply with § 84.84, unless such documents are currently used to apply for, gain access to, or participate in the recipient's programs or activities.
(c)
Content posted by a third party. Content posted by a third party, unless the third party is posting due to contractual, licensing, or other arrangements with the recipient.
(d)
Individualized, password-protected documents or otherwise secured conventional electronic documents. Conventional electronic documents that are:
(1)
About a specific individual, their property, or their account; and
(2)
Password-protected or otherwise secured.
(e)
Preexisting social media posts. A recipient's social media posts that were posted before the date the recipient is required to comply with § 84.84.
Notes, amendments, and revision history

Source

Source: 89 FR 40193, May 9, 2024, unless otherwise noted.

Authority

Authority: 29 U.S.C. 794.

Source

Source: 42 FR 22677, May 4, 1977, unless otherwise noted.