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The document states that material changes to the notice will be communicated via prior notice and, where required by applicable law, consent will be obtained before those changes take effect; non-material changes will be implemented by posting an updated version on the website without prior notification.
This analysis describes what Marqeta's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The distinction between material and non-material changes determines whether users receive advance notice or consent requests before new data practices take effect. The document does not define the criteria for determining whether a change is material, which means the classification of any given change is determined by Marqeta.
Interpretive note: The document does not define the criteria by which Marqeta determines whether a change is material or non-material; the threshold for triggering prior notice or consent obligations is not determinable from the document language alone.
Under this provision, users interacting with Marqeta's website services are subject to updated data practices upon posting for non-material changes, without advance notice; for material changes, the document states that prior notice will be provided and consent obtained where required by applicable law.
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"Changes to this Notice may be made periodically to reflect changes to our information handling practices or relevant laws. If the changes we make are material, we will provide you with prior notice and/or obtain consent regarding such changes in accordance with applicable laws. If the changes we make are not material, this Notice will be updated by posting an updated version on our website. You can tell when this Notice was last updated by looking at the date at the top of the Notice.Excerpt from Marqeta's Privacy Policy
1. REGULATORY LANDSCAPE: This provision engages GDPR requirements for re-consent or updated notice where processing purposes change materially, and CCPA requirements for notice of material changes to privacy practices. Canadian privacy law under PIPEDA and Quebec Law 25 also addresses consent requirements for changes to data handling practices. The FTC's enforcement posture on retroactive privacy policy changes is relevant in the U.S. context. 2. GOVERNANCE EXPOSURE: Low. The material versus non-material change framework is standard across privacy policies. The absence of defined criteria for materiality means that the threshold for triggering prior notice or consent is determined by Marqeta. Compliance teams should confirm that internal change management procedures include a documented materiality assessment process. 3. JURISDICTION FLAGS: GDPR's lawful basis requirements may require re-consent or updated legitimate interest assessments where changes to processing purposes are made. Quebec Law 25 imposes specific requirements for obtaining fresh consent when the purposes of collection change. The California Privacy Protection Agency's guidance on material change notifications under the CCPA should be assessed for applicability. 4. CONTRACT AND VENDOR IMPLICATIONS: B2B partners whose data processing agreements reference the Website Privacy Notice by version or date should monitor for policy updates and assess whether changes require contract amendments or vendor notification obligations. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should maintain a documented change log for this notice and implement a formal materiality assessment process for evaluating each change before publication. Consent management platforms should be configured to trigger re-consent workflows for EEA and UK users when GDPR-material changes are made. Archived versions of the notice should be retained for a period sufficient to support regulatory inquiry and rights request responses.
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The distinction between material and non-material changes determines whether users receive advance notice or consent requests before new data practices take effect. The document does not define the criteria for determining whether a change is material, which means the classification of any given change is determined by Marqeta.
Under this provision, users interacting with Marqeta's website services are subject to updated data practices upon posting for non-material changes, without advance notice; for material changes, the document states that prior notice will be provided and consent obtained where required by applicable law.
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