Orders typically require a comprehensive privacy or security program, biennial third-party assessments, executive certifications, recordkeeping, and reporting, frequently for twenty years.
Violation supports civil penalties.
Alternative Names:
Privacy Consent Decree|FTC Consent Order
Why it Matters?
Order violation supports civil penalties that the underlying conduct would not, since the FTC lacks general penalty authority for first-time Section 5 violations but may seek penalties for order breaches, which makes ongoing compliance materially more consequential than the original settlement. Assessment requirements also generate documentation that becomes discoverable in private litigation, extending the order's practical reach.
Frequently Confused with
Related terms
Frequently asked questions
Why does compliance matter more than the settlement?
What discovery exposure follows?
