FTC Safeguards Rule Compliance IT Support in Reno

The FTC Safeguards Rule requires non-bank financial businesses, such as tax preparers, mortgage brokers and auto dealers that finance, to protect customer information with a written security program. Computer Services Reno sets up and maintains the IT controls behind it for businesses in Reno, Sparks and Carson City: MFA, encryption, access control, logging and patching.

Who needs to comply with the FTC Safeguards Rule?

The Safeguards Rule (16 CFR Part 314) comes from the Gramm-Leach-Bliley Act. It covers financial institutions under FTC jurisdiction, which means businesses that offer financial products or services to consumers but are not banks.1 Examples the FTC gives include:

  • Tax preparation firms
  • Mortgage lenders, mortgage brokers and account servicers
  • Payday lenders and finance companies
  • Collection agencies, credit counselors and other financial advisors
  • Investment advisors that are not required to register with the SEC
  • Check cashers, wire transferors and non-federally insured credit unions

Auto dealers that arrange financing or leasing for customers are also commonly covered. Accounting firms that prepare tax returns or offer other financial services should check with their advisors whether the rule applies to them.

When did the updated rule take effect?

The FTC rewrote the rule in 2021. Most of the new requirements took effect on June 9, 2023, and the FTC breach notification requirement took effect on May 13, 2024.2

The rule protects "customer information", meaning nonpublic personal information about your customers, in paper or electronic form. For most small firms that is tax returns, Social Security numbers, bank details and loan files, stored on office computers, a file server, email and cloud apps.

If you run an accounting or tax practice, our accounting firm IT support page covers the day-to-day side of that work.

What are the FTC Safeguards Rule requirements?

Section 314.4 lists the elements of the written information security program.3 The right-hand column shows which ones a firm with fewer than 5,000 consumers is exempt from under Section 314.6.

FTC Safeguards Rule elements and the small-firm exemption
Required elementApplies under 5,000 consumers?
Designate a Qualified IndividualYes
Written risk assessmentExempt
Safeguards: access control, data inventory, encryption, MFA, secure disposal, change management, activity loggingYes
Continuous monitoring, or annual penetration test and vulnerability assessments every six monthsExempt
Security awareness training for staffYes
Oversight of service providersYes
Keep the program currentYes
Written incident response planExempt
Annual written report to the board or senior officerExempt
Notify the FTC of a breach affecting 500 or more consumersYes

The exemption is narrower than many firms assume. A small tax office still needs MFA, encryption, access control, disposal rules and training, along with a Qualified Individual.

What are the FTC Safeguards Rule IT requirements?

The safeguards in Section 314.4(c) are where most of the technical work sits. These are the controls Computer Services Reno sets up and maintains as part of managed IT services.

Multi-factor authentication

The rule requires MFA for anyone accessing an information system. We turn it on and support it for email, remote access, tax software and admin accounts.

Encryption

Customer information must be encrypted in transit over external networks and at rest. We encrypt laptops and workstations and set up secure file transfer and email options.

Access control

Staff should reach only the customer data their job needs. We set up individual accounts and permissions, and remove access when someone leaves.

Logging and monitoring

The rule calls for logging and monitoring user activity. Your business decides how that activity is reviewed. We turn on logging on key systems, and our 24/7 monitoring covers the health of devices and network equipment.

Patching

Regular updates on computers, servers and network equipment close known weaknesses in software and firmware.

Secure disposal

Customer information must generally be disposed of no later than two years after its last use, unless you need it for a legal or business reason. We can help with secure wiping before drives are reused or recycled.

Change management support

The rule requires change management procedures. We keep a record of system changes we make, which supports the procedures your firm adopts.

Asset and data inventory

We keep a current list of computers, servers and cloud systems, which helps you build the data and systems inventory the rule asks for.

Backups

Tested backup and disaster recovery protects customer files from ransomware and hardware failure.

Can an outside provider be your Qualified Individual?

The rule allows the Qualified Individual to be an employee or someone at an affiliate or service provider. If you choose an outside person, your business keeps responsibility for compliance, must designate a senior member of its own staff to direct and oversee that person, and must require the provider to maintain its own security program.2

Computer Services Reno is not your Qualified Individual. We do not write your risk assessment, your written information security program or your board report. We run the IT controls your Qualified Individual relies on and give them clear records of how those controls are configured.

When must you notify the FTC of a breach?

Since May 13, 2024, a covered business must notify the FTC as soon as possible, and no later than 30 days after discovery, when unencrypted customer information about at least 500 consumers is acquired without authorization.2 The notice goes through a form on the FTC's website.

Your business decides whether an event is reportable and files the notice. We help find out which systems and accounts were involved. Encryption matters here too: the FTC rule treats information as unencrypted if the encryption key was also taken.

State breach laws can add separate duties to notify customers. Ask your advisor which apply.

How do you start on FTC Safeguards Rule IT controls?

  1. Check your current setup

    Our free on-site IT assessment reviews your computers, network, backups and security and ranks what to fix. It is a starting point, not a substitute for the FTC written risk assessment your business is responsible for.

  2. Turn on the required controls

    MFA and encryption are the two items the rule names most directly, so they usually come first. Our small business cybersecurity page explains the controls in plain terms.

  3. Keep records current

    Staff turnover, new software and new devices change the picture. Ongoing support keeps controls and documentation up to date for your Qualified Individual. See how managed IT pricing works, or read the IT compliance overview.

This page is general information, not legal advice.

FTC Safeguards Rule FAQ

It applies to non-bank financial institutions under the FTC's jurisdiction. The FTC's examples include mortgage lenders and brokers, payday lenders, finance companies, collection agencies, financial advisors, tax preparation firms, non-federally insured credit unions and investment advisors that do not register with the SEC. Auto dealers that arrange financing or leasing are also commonly covered.
There is no full exemption based on size. Financial institutions that keep customer information on fewer than 5,000 consumers are exempt only from four parts: the written risk assessment, continuous monitoring or annual penetration testing and vulnerability assessments, the written incident response plan, and the annual written report to the board. Everything else still applies.
A WISP usually names the Qualified Individual, summarizes the risk assessment, describes the safeguards in place (access control, encryption, MFA, data disposal, monitoring), covers staff training and vendor oversight, and includes the incident response plan. The firm writes and owns it. An IT provider can supply accurate descriptions of the technical controls it maintains.
The Qualified Individual oversees the information security program. It can be an employee or a person at an affiliate or service provider. If you use an outside person, a senior member of your staff must still direct and oversee that person, and your business stays responsible for compliance. Computer Services Reno does not serve as anyone's Qualified Individual.
The rule requires security awareness training for all staff, kept up to date as risks change. Staff who manage the security program need training and updates of their own. Training should cover phishing, password and MFA habits, handling customer files and how to report a suspected incident.
Most requirements of the amended rule took effect on June 9, 2023. The requirement to notify the FTC of a security event affecting 500 or more consumers took effect on May 13, 2024. Both dates have passed, so covered businesses should already meet the rule.

See where your IT stands, at your office.

Book a free on-site IT assessment. A local technician comes to you, looks at your setup, and gives you a plain-English list of what to fix first. No cost, no contract.