Federal Trade Commission May 2024 – Federal Register Recent Federal Regulation Documents

The Federal Trade Commission ("FTC" or "Commission") is amending the Commission's Health Breach Notification Rule (the "HBN Rule" or the "Rule"). The HBN Rule requires vendors of personal health records ("PHRs") and related entities that are not covered by the Health Insurance Portability and Accountability Act ("HIPAA") to notify individuals, the FTC, and, in some cases, the media of a breach of unsecured personally identifiable health data.

Pursuant to the Federal Trade Commission Act ("FTC Act"), the Federal Trade Commission ("Commission") is issuing the Non- Compete Clause Rule ("the final rule"). The final rule provides that it is an unfair method of competition for persons to, among other things, enter into non-compete clauses ("non-competes") with workers on or after the final rule's effective date. With respect to existing non-competesi.e., non-competes entered into before the effective datethe final rule adopts a different approach for senior executives than for other workers. For senior executives, existing non-competes can remain in force, while existing non-competes with other workers are not enforceable after the effective date.