Short answer: Separate anything that is tax return information first, because the 7216 rules require signed taxpayer consent. Then map your state board's confidentiality rule and engagement letters, scope by system and folder, and check what your platforms can export. Share nothing until a license agreement is signed.
On this page
1. Find the tax return information
Tax software, client portals, document management and email all hold it. Disclosure or use needs a signed, dated consent unless a rule specifically allows it (26 CFR 301.7216-3).
2. Map other client confidentiality
States differ. Texas requires written client permission and names contractors among covered third parties (Tex. § 501.75); Florida gives clients a privilege over confidential communications (Fla. Stat. § 473.316).
3. Safeguards
The FTC Safeguards Rule requires covered firms to oversee service providers that handle customer information (FTC).
4. Inventory and exports
List systems and years; Mode asks for 3+ years and 5+ systems (Mode FAQ). On Slack, private channels and DMs export only on Business+ or Enterprise (Slack); Google Workspace uses the admin Data Export tool (Google).
This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.
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Frequently asked questions
Is our practice-management system client data?
Usually yes: client names, engagements and due dates. Scope it with counsel.
Who should run this?
A partner, your IT lead and outside counsel familiar with 7216 and your board's rules.
Sources
- 26 CFR § 301.7216-3, Disclosure or use permitted only with the taxpayer's consent (Cornell LII)law.cornell.edu
- 22 Tex. Admin. Code § 501.75, Confidential Client Communications (Cornell LII)law.cornell.edu
- Florida Statutes § 473.316, Communications between the accountant and client privilegedflsenate.gov
- FTC Safeguards Rule: what your business needs to knowftc.gov
- Mode affiliate FAQ (PDF, dated Oct 14, 2026)bizbuydata.com
- Slack Help: Export your workspace dataslack.com
- Google Workspace Admin Help: Export all your organization's datasupport.google.com
Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.
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