December 9, 2019

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CFTC Proposes Rule to Amend Regulation 160.30

On November 12, the Commodity Futures Trading Commission (CFTC) published a proposed rule that would amend CFTC Regulation 160.30 by establishing specific requirements for policies and procedures to protect customer records and information (Detailed Requirements). The Detailed Requirements were inadvertently deleted in a 2011 amendment to the regulation.

The Detailed Requirements are consistent with section 501 of the Gramm-Leach Bliley Act, pursuant to which part 160 of the CFTC’s regulations was adopted. The Detailed Requirements clarify that the policies and procedures must be reasonably designed to:

  • Insure the security and confidentiality of customer records and information;

  • Protect against any anticipated threats or hazards to the security or integrity of customer records and information; and

  • Protect against unauthorized access to or use of customer records or information that could result in substantial information to any customer.

The proposed rule has a 30-day comment period following publication in the Federal Register.

The Proposed Rule is available here.

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About this Author

Gregory Uffner, Financial Services Attorney, Katten Law Firm
Associate

Gregory Uffner is an associate in the Financial Services practice. 

While in law school, Gregory was an associate editor for the Moot Court Board, a member of the Fordham Urban Law Journal and served as managing editor for the Fordham Sports Law Forum.

212.940.6485
Kevin M. Foley, Finance Lawyer, Katten Llaw Firm
Partner

Kevin M. Foley has extensive experience in commodities law and advises a wide range of clients, both in the United States and abroad, on compliance with the Commodity Exchange Act and the rules of the Commodity Futures Trading Commission (CFTC) affecting traditional exchange-traded products, as well as the over-the-counter markets involving swaps and other derivative instruments. His clients include futures commission merchants, derivatives clearing organizations, designated contract markets, foreign boards of trade and an industry trade association.

Kevin has served as counsel to the Futures Industry Association (FIA) for more than 20 years. In 2012 he was recognized for his exemplary efforts on behalf of the association and the industry, in particular for his guidance in navigating the challenges confronting FIA member firms in complying with the Dodd-Frank Wall Street Reform and Consumer Protection Act.

312-902-5372