What regulations apply to CPA firms?
1. FTC Safeguards Rule
Who it applies to: All CPA firms that offer services to individuals, such as tax preparation, financial planning, or credit counseling, are considered "financial institutions" under the Gramm-Leach-Bliley Act (GLBA) and are subject to the FTC Safeguards Rule.
Requirements:
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Develop, implement, and maintain a written information security program.
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Designate a qualified individual to oversee the program.
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Conduct regular risk assessments.
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Implement safeguards such as access controls, encryption, and secure data disposal.
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Regularly monitor and test the effectiveness of security controls.
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Train staff on information security best practices.
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Ensure service providers maintain appropriate safeguards.
📌 Effective Update: The revised Safeguards Rule enforcement began June 9, 2023, and includes more specific criteria for data protection.
2. Payment Card Industry Data Security Standard (PCI DSS)
Who it applies to: CPA firms that accept or process credit card payments are subject to PCI DSS compliance.
Requirements:
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Maintain a secure network (e.g., firewalls, secure configurations).
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Protect cardholder data through encryption and secure storage.
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Implement access control measures (e.g., unique IDs, limited access).
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Regularly monitor and test networks.
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Maintain an information security policy.
⚠️ Non-compliance can result in fines, increased transaction fees, or the loss of the ability to accept credit card payments.
3. Health Insurance Portability and Accountability Act (HIPAA)
Who it applies to: CPA firms that provide services to healthcare organizations or handle electronic protected health information (ePHI) must comply with HIPAA.
Requirements:
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Sign a Business Associate Agreement (BAA) with covered entities.
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Implement administrative, physical, and technical safeguards to protect ePHI.
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Ensure confidentiality, integrity, and availability of ePHI.
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Conduct regular risk analyses and implement mitigation strategies.
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Develop and enforce policies and procedures for HIPAA compliance.
📌 Examples of relevant services include payroll for medical practices, auditing healthcare organizations, or hosting tax data that contains ePHI.