February 1, 2023


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FTC Publishes Direction On New Safeguards Regulations – Financial Providers

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On Could 24, 2022, the Federal Trade Fee (FTC) released a new publication aimed at giving economical&#13
institutions and their company companies guidance on the FTC’s&#13
not long ago revised Safeguards Rule less than the Gramm-Leach-Bliley Act&#13
(GLBA). The new publication, “FTC Safeguards Rule: What Your&#13
Organization Requirements to Know,” indicators the FTC’s continued&#13
fascination in regulating the facts safety posture of money&#13
establishments issue to the GLBA. Companies subject to the&#13
FTC’s jurisdiction for the GLBA should really fork out specific consideration&#13
to these standards, as the agency may possibly be looking to flex its&#13
regulatory authority now that it is absolutely staffed.

The purpose of the Safeguards Rule is to guarantee that monetary&#13
establishments and their service providers maintain safeguards to&#13
protect the security of purchaser info. The FTC’s&#13
Safeguards Rule broadly defines “financial institutions”&#13
and features in just its definition non-banking economical&#13
establishments, these kinds of as test-cashing organizations, payday creditors,&#13
mortgage loan brokers, nonbank loan providers, own residence or real estate&#13
appraisers, professional tax preparers, courier services, and&#13
credit reporting businesses.

The FTC amended the rule in December 2021 to give far more&#13
concrete steerage for monetary expert services firms and their&#13
third-party assistance vendors, as we wrote about previously here. Compared with prior principles and steering&#13
promulgated by federal economic regulators, the FTC’s new&#13
Safeguards Rule contains particular standards for what safeguards&#13
economical establishments need to put into action as aspect of their information and facts&#13
security method. For illustration, the new Safeguards Rule necessitates&#13
money establishments to implement multifactor authentication for&#13
individuals accessing networks that contain shopper&#13

The FTC’s FTC Safeguards Rule: What Your Business enterprise Desires to&#13
Know publication offers an overview of the new Safeguards Rule&#13
and is supposed to apprise monetary institutions regulated by the&#13
FTC of the core data protection concepts that ought to be followed. For&#13
instance, the publication notes that a sensible info&#13
protection software should include things like 9 features: (1) a capable&#13
personal accountable for the stability software (2) periodic threat&#13
assessments (3) safeguards to control the threats discovered by way of&#13
threat assessments (4) checking and tests performance of&#13
safeguards on a typical basis (5) teach staff members frequently on&#13
cybersecurity consciousness (6) support supplier oversight (7)&#13
holding information safety method present-day to safeguard from&#13
rising threats (8) producing a prepared incident reaction system&#13
and (9) once-a-year experiences to boards of governors on security&#13

Fiscal institutions and their services providers should really review&#13
the FTC’s publication for far more aspects.

The material of this short article is supposed to deliver a typical&#13
tutorial to the matter subject. Specialist assistance must be sought&#13
about your distinct circumstances.

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