Gramm-Leach-Bliley Act (GLBA)
The Gramm-Leach-Bliley Act (Financial Services Modernization Act of 1999) is US federal law that controls the management of private consumer information by financial institutions and business that supply credit or finance as part of their offering (for example, auto dealers).
The GLBA’s goal was to modernize and reform the regulation of the financial services industry by removing barriers between different types of financial institutions, such as banks, securities firms, and insurance companies, allowing them to engage in a broader range of financial activities.
Under the GLBA Safeguards & Privacy Rules, financial institutions and businesses must control, secure and protect the non-public information (NPI) they collect, store, share and process.
The Safeguards Rule has two notable elements:
- financial institutions should implement both logical and physical security protocols,
- provide breach notifications when NPI is compromised.
Penalties for failure to comply with GLBA are potentially severe, with civil fines of $100,000 per violation, and officers/directors may face personal liability fines per-violation of $10,000.
Key provisions of the Gramm-Leach-Bliley Act include:
Privacy provisions: The act included privacy provisions that require financial institutions to provide clear notices to consumers about their information-sharing practices and allow customers to opt out of having their personal information shared with non-affiliated third parties.
Consumer protection: The act directed federal regulatory agencies to establish safeguards to protect the non-public personal information of consumers. It aimed to ensure the security and confidentiality of customer information held by financial institutions.
Community Reinvestment Act (CRA): The act amended the Community Reinvestment Act to encourage financial institutions to meet the credit needs of their entire communities, including low- and moderate-income neighborhoods.
Repeal of Glass-Steagall restrictions: The act repealed certain provisions of the Glass-Steagall Act, which had imposed strict separation between commercial banking, investment banking, and insurance activities. This repeal allowed financial institutions to engage in a wider range of activities, such as underwriting securities, selling insurance, and conducting commercial banking services.
Financial holding companies: The act introduced the concept of financial holding companies (FHCs). FHCs are holding companies that engage in a variety of financial activities through subsidiaries, including banking, securities, and insurance operations. FHCs are subject to consolidated supervision and regulation by the Federal Reserve.
The Gramm-Leach-Bliley Act had a significant impact on the structure and operations of the financial services industry in the United States. It removed regulatory barriers between different types of financial institutions, allowing for greater consolidation and integration of services. The act aimed to promote competition, innovation, and efficiency in the financial sector while also providing consumer protection measures.
For more information see ftc.gov
