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At an open meeting this morning, the Securities and Exchange
Commission voted (with dissenters—see, for example, Commissioner Peirce’s statements) to adopt
amendments aimed at enhancing and standardizing disclosures related
to cybersecurity risks and incidents. The amendments were first
proposed in March 2022 and generated significant comment both as a
result of the prescriptive nature of the proposed disclosure
requirements, as well as because the proposed amendments addressed
a number of board level governance and cyber oversight matters.
While the amendments reflect a number of the concerns raised by
commenters, the rules remain fairly prescriptive. A registrant will
be required to file a Form 8-K using new Item 1.05 in order to
report a material cybersecurity incident and describe the material
aspects of the incident. Regulation S-K is being amended to require
that registrants describe their processes, if any, for assessing,
identifying, and managing material risks from cybersecurity
threats, among other things. These significant changes come with a
very short effective date.
A detailed client alert will follow.
Please see the SEC’s press release, SEC’s fact sheet, and the text of the adopting release.
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