The 12 email questions in a Safeguards Rule review.

Use this as the email section of your WISP. Each question has the answer a small firm should be able to give — and what to do if you can’t.

  1. Who is the qualified individual responsible for information security? A named person, even in a two-person firm.
  2. Do you have a written information security plan that covers email? The PTIN renewal asks; the FTC can ask to see it.
  3. Is client data encrypted in transit, always? Not “our provider uses TLS”. Enforcement, and a fallback for recipients who can’t.
  4. What happens when a W-2 or 1040 is emailed? Detection and automatic encryption, logged.
  5. Is multi-factor authentication on for every email account? Required by 314.4(c)(5).
  6. Can staff forward client data to personal accounts? Blocked or logged, by policy.
  7. How long are client emails kept, and can you prove they weren’t altered? Written retention; immutable archive for the period.
  8. Can you find every message about one client? Archive search independent of individual mailboxes.
  9. Do your service providers (including email) sign a contract with safeguards? 314.4(f).
  10. What is your plan if an inbox is compromised during tax season? Incident response plan; IRS Stakeholder Liaison notification; a list of affected clients from the audit trail.
  11. Is your domain protected from being spoofed to your clients? SPF, DKIM, DMARC published.
  12. When was staff last trained, and is it documented? Annual, with records.

Answer all 12 with PXCMail   Check question 11 now

A WISP template with this section completed is part of the design-partner kit.

Why these twelve

Each question maps to an element of 16 CFR 314.4, the section of the FTC Safeguards Rule that says what an information security program must contain. Question 1 is 314.4(a), the qualified individual. Question 2 is the written program itself, which IRS Publication 4557 calls the WISP and the PTIN renewal asks about. Questions 3 and 4 are 314.4(c)(3), encryption of customer information in transit and at rest. Question 5 is (c)(5), multi-factor authentication for anyone accessing customer information. Questions 6 and 8 come from the access-control and monitoring elements in (c)(1) and (c)(8). Question 7 is the retention and disposal element in (c)(6). Question 9 is (f), service providers under contract. Question 10 is (h), the incident response plan, plus the (j) duty to notify the FTC within 30 days of an event affecting 500 or more consumers. Question 11 is the domain control every insurer asks for. Question 12 is (e), training. Firms with fewer than 5,000 consumers skip the written risk assessment, the annual board report and the written incident plan under 314.6, but not the controls.

A worked answer sheet: Ortiz CPA

Nine people, Microsoft 365, Drake and TaxDome. Daniel Ortiz filled this in for the PTIN renewal, using the Publication 5708 template for the rest of the WISP.

#Ortiz CPA’s answerEvidence
1Daniel Ortiz, partner, named in the WISPWISP section 1
2Yes, Publication 5708 template with this sheet as the email sectionWISP, dated and signed
3TLS enforced on all outbound mail; recipients that cannot negotiate it get locked deliveryPolicy screenshot; audit trail entries
4W-2, 1099 and 1040 fingerprints and SSN patterns trigger locked delivery automatically, logged per messageDetection pack settings; sample audit entry
5MFA on all nine Microsoft 365 accounts and the PXCMail consoleConsole → Users export
6Forwarding to personal domains blocked by policy; exceptions require partner releasePolicy rule; held-message log
7Seven years in immutable storage; sha256 manifest on exportRetention setting (accounting profile)
8Archive search by client name, address or date, independent of staff mailboxesSample search export
9Data Processing & Safeguards Addendum with 314.4(f) terms signed at signup; Microsoft and TaxDome agreements on fileCountersigned addendum in Console → Organization
10Written steps: revoke sessions, reset, pull the affected-client list from the audit trail, call the IRS Stakeholder Liaison, notify clients; FTC notice if 500 or more consumers are affectedWISP section 9; first-hour guide
11SPF, DKIM, DMARC publishedScanner result, dated
12Annual, in January before the season; attendance recordedTraining roster

How to use it before the review

  1. Fill the sheet in before PTIN renewal season, so the renewal question is answered from a document rather than from memory.
  2. Send a test return PDF to a personal address and confirm it goes out locked; keep the audit entry for question 4.
  3. Run the scanner for question 11 and fix any missing record.
  4. Attach the addendum and your other vendor contracts for question 9; the FTC asks for contracts, not assurances.
  5. Review the sheet every January and after any staff change, and keep each year’s version.

FAQ

Does the Safeguards Rule apply to a nine-person CPA firm?

If the firm prepares tax returns or otherwise handles consumer financial information as a significant activity, yes. The under-5,000-consumer exemption in 314.6 removes some paperwork, not the controls.

Does the FTC audit small firms?

Enforcement is rare and is a tail risk. The questions arrive far more often from the PTIN renewal, an insurer, or a client who lost money to a spoofed email.

Is a password on a PDF enough for question 4?

It covers that one file but not the program: staff forget, the password travels in the next email, and nothing is logged. See PDF password or portal.

Do we need to notify anyone after a compromised inbox?

The IRS asks practitioners to contact their Stakeholder Liaison; the FTC must be notified within 30 days if 500 or more consumers are affected; state breach laws may apply. The audit trail gives you the client list to work from.

Related

The Safeguards Rule, in plain English · Accounting & Tax · A WISP in a weekend