Skip to content
CarShots

Free checklist

FTC Safeguards Rule checklist for car dealers

The FTC Safeguards Rule (16 CFR Part 314) requires dealers that finance or arrange financing to run a written information security program, with a Qualified Individual, a risk assessment, MFA, encryption, training and vendor oversight. Dealers with fewer than 5,000 consumers skip four parts.

For car dealers who arrange financing, lease, or carry their own contracts: see where you stand on the FTC Safeguards Rule (16 CFR Part 314) in two minutes.

Are you under 5,000 consumers?

Under 5,000, a few parts of the rule don’t apply. The FTC hasn’t said how to count, so give your best estimate of customers whose info you keep.

“Section 314.4(b)(1), (d)(2), (h), and (i) do not apply to financial institutions that maintain customer information concerning fewer than five thousand consumers.” (16 CFR 314.6)

The checklist

Do you arrange financing, lease, or carry your own contracts?
Have you named one person to run your security program (a Qualified Individual)?
Do you have a written security plan that the owner signed?
Is MFA (a code after the password) on in your DMS?
Is MFA on in your business email?
Is MFA on in your credit portal?
Does every person have their own login (no shared logins)?
Are your laptops encrypted?
Are paper deal files locked up when no one is there?
Do you shred paper with customer info?
Do you delete customer info within 2 years of its last use?
Do customers use a separate guest Wi-Fi?
Has your staff had security training in the last 12 months?
Do your vendor contracts require them to protect customer info?
Do you have a written Red Flags (identity theft) program?

Rules checked . Templates and tools, not legal advice.

At a glance

Who it's for
Car dealers that arrange or offer financing, or lease long term. Use the checklist to score your store.
Small dealer exemption
Fewer than 5,000 consumers (16 CFR 314.6)
Breach notice
500+ consumers: tell the FTC within 30 days
Rule
16 CFR 314.4
On this page

Who the Safeguards Rule covers

The FTC's dealer FAQ is plain: "Automobile dealers who finance (or facilitate the financing of) automobiles for consumers are financial institutions." Dealers that lease cars long term are covered too (the rule's own example, 16 CFR 314.2(h)(2)(ii)).

The rule protects "customer information". Per the FAQ, a name and address alone usually aren't customer information; they become it once a record shows the person got financing through you. Cash-only buyers are not customers for this purpose.

The Safeguards Rule checklist

PartWhat you needUnder 5,000?
314.4(a)A Qualified Individual who oversees the programRequired
314.4(b)A risk assessment, repeated periodicallyRequired
314.4(b)(1)That assessment in writing, with rating criteriaExempt
314.4(c)(1)Access controls: each user sees only what the job needsRequired
314.4(c)(2)An inventory of data, devices, systems and peopleRequired
314.4(c)(3)Encryption in transit and at restRequired
314.4(c)(4)Checks on the apps you build or useRequired
314.4(c)(5)MFA for anyone who accesses any information systemRequired
314.4(c)(6)Secure disposal of data you no longer needRequired
314.4(c)(7)Change managementRequired
314.4(c)(8)Logging and monitoring of user activityRequired
314.4(d)(1)Regular testing or monitoring of key controlsRequired
314.4(d)(2)Continuous monitoring, or a pen test every 12 months and scans every 6Exempt
314.4(e)Security training for staffRequired
314.4(f)Vendor oversight, with safeguards in contractsRequired
314.4(g)Keep the program up to dateRequired
314.4(h)A written incident response planExempt
314.4(i)A yearly written report to the owner or boardExempt
314.4(j)Notify the FTC of a breach of 500+ consumersRequired

Paraphrased from the rule text. Read 16 CFR 314.4 for the exact words.

The 5,000-consumer exemption

16 CFR 314.6 says: "Section 314.4(b)(1), (d)(2), (h), and (i) do not apply to financial institutions that maintain customer information concerning fewer than five thousand consumers."

So under 5,000 consumers you don't need:

  • 314.4(b)(1) written risk assessment
  • 314.4(d)(2) yearly pen test and twice-yearly scans
  • 314.4(h) written incident response plan
  • 314.4(i) yearly written report to the board

Everything else still applies, including a risk assessment (just not the written form with its criteria) and regular testing. The FTC hasn't said how to count toward 5,000, and the rule says "consumers", which is broader than "customers". Use your best honest count of everyone whose customer information you keep.

Telling the FTC about a breach

If unencrypted customer information about 500 or more consumers is acquired without authorization, notify the FTC as soon as possible and no later than 30 days after you discover it, on the FTC's online form (16 CFR 314.4(j)). Unauthorized access counts as acquisition unless you have reliable evidence it wasn't. Read the full breach guide.

Rules checked and limits

Rules checked October 31, 2026. We read every rule on this page in the eCFR or on the agency's own site, and each is linked in the sources below. We re-check them every quarter.

Templates and tools, not legal advice. CarShots is software, not a law firm. For a question about your own dealership, ask your attorney or your state dealer association.

Common questions

What is the FTC Safeguards Rule?

A rule under the Gramm-Leach-Bliley Act (16 CFR Part 314) that requires financial institutions the FTC oversees, including dealers that arrange financing, to run a written information security program that protects customer information.

Does the Safeguards Rule apply to used car dealers?

Yes, if they finance or help arrange financing for buyers, or lease cars long term. The FTC says those dealers are financial institutions under the rule.

What is the 5,000-consumer exemption?

Dealers with customer information on fewer than 5,000 consumers don't need the written risk assessment, the pen testing and scans, the written incident response plan or the yearly board report (16 CFR 314.6). Everything else still applies.

Do I need MFA on every system?

MFA is required for any individual accessing any information system (314.4(c)(5)). Your Qualified Individual may approve in writing a control that is just as secure.

What are the penalties?

Part 314 itself states no dollar penalty, so we don't quote one. The FTC enforces the rule, and a breach of 500 or more consumers must be reported to it.

Can I print this checklist?

Yes. Print this page, or use the checklist tool above to score your store and get a list of your gaps.

Get your full Safeguards program drafted free

Answer about ten minutes of questions. Get your score, your gap list and a watermarked draft of your security plan, free with no card. Essentials is $99 per store a month when you're ready.