The FTC Safeguards Rule: who it covers
The FTC Safeguards Rule, issued under the Gramm-Leach-Bliley Act, applies to non-bank financial institutions. That category is broader than many owners realize. It includes tax preparers and CPA firms, mortgage brokers, auto dealers that offer financing, and other businesses that handle consumer financial information. If your firm prepares individual tax returns, the Safeguards Rule very likely applies to you, and the IRS reinforces that expectation for tax professionals.
The rule requires a written information security program built around a risk assessment. It also calls for specific elements, including designating a qualified individual to oversee the program, implementing access controls, encrypting customer information in transit and at rest, using multi-factor authentication for anyone accessing customer information, monitoring and testing your safeguards, training staff, overseeing service providers, and having an incident response plan. Certain notification obligations can also apply after a security event.