Gramm-Leach-Bliley Act (GLBA) | Practical Law

Gramm-Leach-Bliley Act (GLBA) | Practical Law

Gramm-Leach-Bliley Act (GLBA)

Gramm-Leach-Bliley Act (GLBA)

Practical Law Glossary Item 7-501-3428 (Approx. 2 pages)

Glossary

Gramm-Leach-Bliley Act (GLBA)

Also known as the Financial Services Modernization Act of 1999 (Pub. L. No. 106-102, 113 Stat. 1338 (1999)). The GLBA repealed provisions of the Banking Act of 1933 (Glass-Steagall Act), which, among other things, prohibited one institution from acting as or controlling both an investment bank and a commercial bank. The GLBA created a new type of bank holding company, the financial holding company (FHCs), which can engage in a broader range of business activities so long as they are financial in nature. For more information on FHCs, see Practice Note, US Banking Law: Overview: Financial Holding Companies.
The GLBA also created provisions protecting the financial information of consumers held by financial institutions. The law's privacy protection provisions have three principal parts:
  • Financial Privacy Rule. Governs the collection and disclosure of customers' personal financial information by financial institutions. Applies to companies, including financial institutions, that receive this information. Under this rule, recipients of consumer information must furnish to their customers a privacy notice explaining how customer information is shared, used, and protected. On November 17, 2009, eight federal agencies, including the FDIC, the SEC, and the FTC, released a model privacy notice that will make it easier for consumers to understand how their information is collected (see Federal Regulators Issue Final Model Privacy Notice Form).
  • Safeguards Rule. Requires the design, implementation, and maintenance of systems to safeguard customers' financial information. Applies to financial institutions and companies, such as credit rating agencies, that receive customer information.
  • Pretexting provisions. Protects consumers from companies and individuals that obtain their financial information under false pretenses.