Securities and Exchange Commiss


The Securities and Exchange Commission today proposed amendments to its rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies. The Securities and Exchange Commission proposed rules and amendments to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies (registrants) that are subject to the reporting requirements of the Securities Exchange Act of 1934. These proposed measures are part of a broader push by the SEC to enhance cybersecurity disclosure. Here is an overview of key features of the proposed rules. The cybersecurity disclosure guidance issued by the SEC staff in 2011 and by the Commission in 2018 would supplement the proposed rules, if adopted. Proposed new Item 1.05 of Form 8-K would require companies to disclose information about a material cybersecurity incident within four (4) business days after the company determines that it has experienced a material cybersecurity incident. The SEC voted 31 on March 9, 2022 to propose rule amendments (Proposed Rules) designed to provide investors with enhanced information to evaluate both a registrants exposure to cybersecurity risks and incidents and the registrants ability to manage and mitigate them.The Proposed Rules come on the heels of the SECs recent proposals 1 concerning SUMMARY: The Securities and Exchange Commission is proposing new rules under the Investment Advisers Act of 1940 (Advisers Act) and the Investment Company Act of 1940 SEC, EXAMS Risk Alert, Cybersecurity: Safeguarding Client Accounts against Credential Compromise (Sept. 15, 2020), available at. 2022-82; Proposed Rules Release No. The SECs ambitious regulatory agenda includes revised rules on ESG disclosures, executive stock sales and SPACs. Disclosures about Cybersecurity Incidents in Periodic Reports On March 15, the Strengthening American Cybersecurity Act (the Act) was signed into law. On February 9, 2022, the SEC voted to propose rules mandating sweeping cybersecurity measures for registered advisers and funds. industries Aerospace & Defense Agribusiness Apparel Automotive & Dealer Services Communications & Media Construction E-Commerce Financial Services Cybersecurity Risk Management Policies and Procedures. [2] 33-11038, Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure . Provisions of this Act will require critical infrastructure owners and operators to report substantial cyber incidents to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours and ransomware payments within 24 hours. Get in touch Hide Required fields are marked with an asterisk ( * ) First Name* UBS Financial Services agreed to pay approximately $25 million to settle fraud charges brought by the SEC that cited inadequate training and supervisory oversight of the firms financial advisers regarding a complex options trading strategy. February 23, 2022. Proposed rule. The SEC is proposing a new Rule 206(4)-9, promulgated under the Advisers Act and a new Rule 38a-2, promulgated under the Investment Company Act. The Proposed Rules would require advisers and registered funds to adopt and implement policies and procedures that are reasonably designed to address cybersecurity risks based on an ongoing analysis of specific elements. Material cybersecurity incidents to Cybersecurity Risk Management Policies and Procedures. Advocacy Contact: Send an email to Meagan Singer at meagan.singer@sba.gov or call (202) 921-4843. The timing of the 8-K would be tied to an issuers determination that the incident is material, not discovery of the incident itself. Printer-Friendly Version.

If adopted, the new rules would impose substantial new reporting obligations with respect to material cybersecurity incidents and cybersecurity risk management, strategy, and governance for On March 9, 2022, the U.S. Securities and Exchange Commission proposed rules that would require public companies to report material cybersecurity incidents within four business days and make periodic disclosures regarding their cybersecurity risk management, strategy, and governance. on march 9, 2022, the securities and exchange commission (sec) proposed rules that are intended to enhance and standardize disclosures regarding cybersecurity risk management, strategy and governance, as well as cybersecurity incident reporting, by public companies that are subject to the reporting requirements of the securities exchange act of 1 The Proposed Rules may require Note that in addition to the proposed rule discussed in this Heads Up, the SEC in February 2022 issued a proposed rule on cybersecurity risk management and incident reporting for registered investment advisers and funds. The Securities and Exchange Commission today proposed amendments to its rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies. On March 9, 2022, the U.S. Securities and Exchange Commission proposed amendments to its rules that would enhance and standardize disclosures related to cybersecurity risks and incidents, and would expand upon cybersecurity guidance issued by the Commission in 2018.Most notably, the proposed rules would require current disclosure of material The proposed rules, if adopted, would require each public company The SECs proposed rules would require an issuer to timely disclose material cybersecurity incidents on a Current Report on Form 8-K, including specified information about the nature of the incident. The SECs proposed rules leave businesses in the unfavorable position of facing of experiences than what the proposed rules list of cybersecurity expert criteria encompasses. "Over the years, our disclosure regime has evolved to reflect evolving risks and investor needs," said SEC Chair Gary Gensler. Chair of the Commission Gary Gensler emphasized that the proposal would SUMMARY: The Securities and Exchange Commission (Commission) is proposing rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and cybersecurity incident reporting by public companies that are subject to the reporting requirements of the Securities Exchange Act of 1934. UBS to pay $25M over inadequate training, oversight in SEC fraud case. On Wednesday, by 3-1 vote, the SEC approved proposed rules aimed at enhancing and standardizing disclosures made by public companies regarding cybersecurity risk management, strategy, governance and incident reporting, [1] reflecting the third rulemaking project the Commission has proposed in connection with cybersecurity in the past year. the proposed rules would amend forms 10-k and 10-q to require disclosure of any material updates regarding any previously disclosed cybersecurity incidents, including information regarding (1) any material effect (or potential material future impacts) on the companys operations and financial condition, (2) whether the company has remediated or The SEC has also proposed amendments to Exchange Act Rules 13a-11(c) and 15d-11(c) to include Item 1.05 in the list of Form 8-K items eligible for a limited safe harbor from liability under Exchange Act Section 10(b) and Exchange Act Rule 10b5-1. On March 9, 2022, the SEC proposed rules that would create a new cybersecurity disclosure regime applicable to public companies. Proposed rule. On March 9, 2022, the U.S. Securities Exchange Commission (the Commission) announced proposed amendments to its rules regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies to enhance and standardize disclosures.. Companies would be required to tag the new disclosures described below using iXBRL. Proposed rules the proposed rules require advisers and funds, on an annual basis, to: (1) review and assess the design and effectiveness of their cybersecurity policies and procedures; and (2) prepare a report describing the review, explaining the results, documenting any incident that has occurred since the last report, and discussing any material changes to SEC Proposes Rules for Standardized Cybersecurity Disclosures Rules would standardize the requirements around disclosure of risks and incidents, and updates on the status of past or ongoing incidents. The US Securities and Exchange Commission has proposed new rules and amendments to mandate disclosure regarding cybersecurity risk management, strategy, governance, and incident reporting, including amendments to Form 8-K, Form 10-Q and Form 10-K. As proposed, these new rules and amendments require both current reporting and periodic These proposals are intended t o enhance and standardize disclosures around cybersecurity. To help public companies get abreast of these developments, our cybersecurity, corporate governance and ESG experts hosted a discussion with Mike Pressman, Assistant General Counsel at Microsoft. On May 25, 2022, the SEC issued two new sets of proposed rules: Investment Company Names (Names Rule), [1] and Environmental, Social, The SEC released a proposed rule intended to enhance and standardize disclosures relating to cybersecurity risk management, strategy, governance, and incident reporting. On March 9, 2022, the Securities and Exchange Commission (SEC) held an open meeting and proposed new cybersecurity disclosure rules for public companies by a 3-1 vote. Most notably, the rules would impose a rapid reporting requirement when advisers face serious cyberattacks. The proposed requirements include new imperatives related to material cybersecurity incidents and disclosures. Meanwhile, the SEC's enforcement program will continue to focus on bringing cases involving cryptocurrency offerings, cybersecurity breaches and The SEC issued a Fact Sheet summarizing the key provisions of the proposed rules. Washington D.C., Feb. 9, 2022 The Securities and Exchange Commission today voted to propose rules related to cybersecurity risk management for registered investment advisers, and registered investment companies and business development companies (funds), as well as amendments to certain rules that govern investment adviser and fund disclosures. SEC.

A PDF version of this publication is attached here: SEC proposes new cybersecurity disclosure requirements (PDF 113kb) The SEC proposed new disclosures related to cybersecurity for all public companies and foreign private issuers. Comments are due on the proposal in May. What happened? The public may also submit comments by email to rule-comment@sec.gov. Less than a month after the U.S. Securities and Exchange Commission (SEC) proposed substantial new cybersecurity requirements for investment advisers and registered investment companies, the commission unveiled a new slate of proposed cybersecurity disclosure rules for public companies. 2022-06-30T19:26:00Z. Read the Federal Register notice and submit comments. One month prior to their March 9th announcement, the SEC released their proposed cyber rules specifically for registered investment advisers and registered investment funds. At an open meeting on February 9, 2022, the Securities and Exchange Commission voted three-to-one to propose new and amended rules regarding cybersecurity risk management, cyber incident reporting and cyber risk disclosure under the Investment Advisers Act of 1940 and the Investment Company Act of 1940 (collectively, Proposal). The U.S. Securities and Exchange Commission (Commission) is proposing rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and cybersecurity incident reporting by public companies that are subject to the reporting requirements of the Securities Exchange Act (2) A GENCY.The term agency has the meaning given the term in section 3502 of title 44, United States Code.

NEWS. The comment period closes May 9, 2022. Takeaways. In this title, unless otherwise specified: (1) A DDITIONAL CYBERSECURITY PROCEDURE.The term additional cybersecurity procedure has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this title. SEC's Proposed Climate Disclosures Spark Free Speech Debate. The Securities and Exchange Commission proposed rules and amendments to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies (registrants) that are subject to the reporting requirements of the Securities Exchange Act of 1934. When organizations take all of this into account, they will find that the SEC's proposed climate disclosure rules have been the catalyst for "Over the years, our disclosure regime has evolved to reflect evolving risks and investor needs," said SEC Chair Gary Gensler. See Also: Press Release No. Accordingly, the SEC has proposed these new rules to enhance and standardize disclosures regarding cybersecurity risk management, strategy, governance, and incident reporting by public companies. Regardless of whether the proposed rules are adopted, the 2011 and 2018 interpretive guidance will remain in place. The SEC recently released cybersecurity and climate-related disclosure rules. 2 Consider Item 407s definition of an audit committee financial expert. Email comments should include File Number S7-09-22 in the subject line. If enacted in their current form, these rules would impose substantial new Additionally, untimely disclosures of material cybersecurity incidents are eligible for a limited safe harbor from liability under Section 10(b) or Rule 10b-5. the sec would establish a new reporting regime whereby rias would be required to confidentially report to the sec significant cybersecurity incidents within 48 hours of discovery, on a new proposed form adv-c, with the twin objectives of helping the sec assess the effects of the incident on the reporting ria, and to help the sec obtain enhanced They have now turned their attention to public reporting companies and are proposing regulatory changes to cyber incident reporting, cyber risk management and cyber governance. 6, 2022: Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure (Conformed to Federal Register version) File No: S7-09-22 The proposed rules are the latest in a series of cybersecurity-related rules proposed by the SEC, which include proposed rules relating to cybersecurity risk management for investment advisers, registered investment companies and business development companies that were published on February 9, 2022. On March 9, 2022, the Securities and Exchange Commission (SEC) proposed updates to its disclosure rules intended to enhance and standardize public company disclosure regarding cybersecurity risk management, strategy, governance, and incident reporting (the Proposed Rules). The SEC has proposed rules and amendments related to cybersecurity risk management, strategy, governance, and incident reporting for public companies subject to the Securities Exchange Act of 1934 (i.e., registrants). SEC Proposed Rules We encourage the public to submit comments on the following proposed rules during the comment period. The SEC has stated its belief that the proposed four-day reporting requirement would significantly improve the timeliness of cybersecurity incident disclosures, as well as provide investors with more standardized and comparable disclosures.. The proposed SEC rules and new Cybersecurity Incident Reporting for Critical Infrastructures Act of 2022 law, while requiring incremental effort and disclosure, should lead to more comprehensive actions and defenses against one of the most daunting risks companies face.

The proposed amendments were released by the SEC for public comment on February 9, 2022. Proposed rules currently available include: Second Quarter | First Quarter