FTC Safeguards Rule Compliance 2023 (2024)

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What is the FTC Safeguards Rule?

A recently revised U.S. Federal Trade Commission (FTC) ruling – the Safeguards Rule – requires non-banking financial institutions to develop, deploy and maintain a comprehensive security program to keep customer financial data safe. With the growing number of data breaches and evolving security threats, organizations need to advance their security programs to protect the confidentiality of customer information.

The updated rule requirements include:

  • Planning and action to address “reasonably foreseeable internal and external risks” – including: data breaches, data leakage, and ransomware

What organizations are affected by the FTC rule?

It’s important to note that the FTC definition of financial institutions includes non-financial institutions. Essentially, any organization that handles customer financial data and engages in transactions that use personal consumer information are impacted by the revised FTC Safeguards Rule. Some examples include:

  • Mortgage lenders
  • Mortgage brokers
  • Payday lenders
  • Finance companies
  • Account servicers
  • Automobile dealerships
  • Wire transferors
  • Collection agencies
  • Tax preparation firms
  • Credit counselors and other financial advisors
  • Retailers that issue their own credit cards
  • Non-federally insured credit unions
  • Personal property or real estate appraisers
  • Travel agencies in connection with financial services
  • Investment advisors not required to register with the SEC

How Cisco Secure can help

Multi-factor authentication and cloud-delivered security help you comprehensively address risk, protect customer data without disrupting business, and start getting compliant in 24 hours.

FTC Safeguards Rule Compliance 2023 (1)

Umbrella

• Secures web traffic
• Blocks lateral threat movement
• Helps prevent data leakage of:
customer names, social security numbers, bank account numbers and more…

FTC Safeguards Rule Compliance 2023 (2)

Duo

• Establishes user trust
• Creates device trust
• Adds another layer of protection

See Also
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More FTC Safeguards Rule resources

Take the next steps

Cisco Umbrella and Duo can help you quickly get compliant with the FTC Safeguards Rule with easy, fast, cloud-delivered security, so you can reduce risk and get on with doing business.

FTC Safeguards Rule Compliance 2023 (2024)

FAQs

What is the penalty for violating the FTC Safeguards Rule 2023? ›

The revised FTC Safeguards Rule took effect on June 9, 2023. CPA firms are covered under this Rule, and the penalties are serious—$100,000 per violation, $43,000 per day for each consent violation, and other fines.

What are the new FTC regulations in June 2023? ›

Revised FTC Safeguards Rule deadline was June 9, 2023

The updated rule requirements include: Planning and action to address “reasonably foreseeable internal and external risks” – including: data breaches, data leakage, and ransomware.

What is the fine for the FTC safeguards rule? ›

What are the Penalties of Non-Compliance? Failure to comply with the FTC Safeguards Rule can result in significant fines and damage to your business's reputation. The updated guidelines that go into effect June, 2023 dictate the FTC can impose penalties of up to $100,000 per violation.

Can the FTC send you to jail? ›

That means that, while we can't put people in jail, many of our partners can and do, including the U.S. Department of Justice, U.S. Attorneys, and other federal, state, and local criminal law enforcers. When FTC cases include behavior that also violates criminal laws, we let criminal prosecutors know.

What happens if you violate FTC guidelines? ›

Companies that receive this Notice and nevertheless engage in prohibited practices can face civil penalties of up to $50,120 per violation.

What are the exemptions for the FTC safeguards rule? ›

Small Business Exemption

Specifically, small businesses are exempt from the following requirements: written risk assessments; a written incident response plan; an annual written report by the qualified individual; and continuous monitoring or annual penetration testing and biannual vulnerability assessment.

Who regulates the safeguards rule? ›

Safeguards Rule | Federal Trade Commission.

What is the penalty for violating the GLBA? ›

Under GLBA, penalties for non-compliance can include fines of up to $100,000 per violation, with fines for officers and directors of up to $10,000 per violation. And if that wasn't enough, the provisions include criminal penalties of up to five years in prison, and the revocation of licenses.

What are the basic FTC rules? ›

Under the law, claims in advertisem*nts must be truthful, cannot be deceptive or unfair, and must be evidence-based. For some specialized products or services, additional rules may apply.

What is the FTC threshold for 2023? ›

The HSR size-of-transaction threshold for U.S. HSR filings will increase to US$119.5 million in 2024, up from US$111.4 million in 2023.

What is the new FTC rule? ›

Today, the Federal Trade Commission issued a final rule to promote competition by banning noncompetes nationwide, protecting the fundamental freedom of workers to change jobs, increasing innovation, and fostering new business formation.

How to comply with the FTC safeguards rule? ›

  1. 5 Strategies for Complying with the New Requirements of the FTC Safeguards Rule. ...
  2. Designate a Qualified Individual. ...
  3. Identify all Internal and External Assets. ...
  4. Map the Flow of Customer Data. ...
  5. Evaluate Your Security Posture with Risk Assessments. ...
  6. Implement Safeguards to Ensure Customer Data Integrity.

What is the final safeguard rule? ›

Overview of Final Rule. The Final Rule requires financial institutions to report notification events, defined as the unauthorized acquisition of unencrypted customer information, involving at least 500 customers to the Commission.

What is an example of a safeguard? ›

A store's security system is a safeguard against theft, and a secret password is a safeguard against your sister reading your email. You can use it as a verb too: "We clearly need to safeguard our Halloween candy so Mom and Dad don't steal it after we go to bed."

What is the civil penalty for the FTC in 2023? ›

It has increased from $612 to $659 for violations of Section 10 of the FTC Act. The maximum civil penalty amount has increased from $1,323,791 to $1,426,319 for violations of Section 814(a) of the Energy Independence and Security Act of 2007.

What is the GLBA safeguards rule 2023? ›

The GLBA Safeguards Rule is a regulatory framework that mandates financial institutions to implement comprehensive security measures for protecting customer data.

Are FTC rules enforceable? ›

The Commission enforces both consumer protection and antitrust laws. Violations of some laws may result in civil penalties, which are adjusted annually for inflation.

What is the FTC breach rule? ›

The HBN Rule requires vendors of personal health records (“PHRs”) and related entities that are not covered by the Health Insurance Portability and Accountability Act (“HIPAA”) to notify individuals, the FTC, and, in some cases, the media of a breach of unsecured personally identifiable health data.

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