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FTC Safeguards Rule Amendments

United States

United States

2003

Privacy

Cybersecurity

Overview

The FTC Safeguards Rule, part of the Gramm-Leach-Bliley Act (GLBA), was originally adopted in 2003 and significantly amended in 2021, with most provisions enforced from June 9, 2023. The rule requires non-bank financial institutions to develop, implement, and maintain a comprehensive information security program to protect customer data.
The 2021 amendments modernize the rule to address evolving cyber threats, introducing more prescriptive requirements such as multi-factor authentication, encryption, and risk assessments. It applies to non-bank financial institutions, including mortgage brokers, auto dealers, loan servicers, investment advisors, payday lenders, and tax preparers under FTC jurisdiction. These entities must establish robust customer due diligence protocols as part of their comprehensive information security programs to verify customer identities, assess risk profiles, and maintain ongoing monitoring to protect sensitive financial information and ensure regulatory compliance.

Key Obligations

  • Designate a qualified individual to oversee the information security program
  • Conduct written risk assessments and implement safeguards based on findings
  • Encrypt customer data at rest and in transit
  • Require multi-factor authentication for system access
  • Regularly monitor and test systems for vulnerabilities
  • Provide staff training and incident response planning
  • Submit annual reports to boards of directors or governing bodies

FAQ

Who must comply with the amended Safeguards Rule?

Non-bank financial institutions under FTC jurisdiction, such as mortgage lenders, auto dealers, and tax preparers.

What’s the biggest change in the 2021 amendments?

The shift from flexible principles to prescriptive technical and administrative requirements, including encryption and MFA.

Are small businesses exempt from all requirements?

Certain provisions are waived for firms with fewer than 5,000 consumers, but core security program requirements still apply.

When did enforcement begin?

While the amendments were finalized in 2021, most requirements became enforceable from June 9, 2023.