SEC official clarifies material incident reporting under new cyber rule
By 
Kyle Brasseur2024-05-22T16:35:00
The director of the Securities and Exchange Commission’s (SEC) Division of Corporation Finance issued a statement addressing early inconsistencies observed under the agency’s new cybersecurity incident disclosure rule.
Erik Gerding cautioned companies against using the new 8-K filing item under the rule (Item 1.05) meant for reporting incidents deemed to be material for disclosing matters that might be material or where materiality was already ruled out.
Instead, he advised companies use another item (e.g., Item 8.01) to share such updates in order to avoid the potential for investor confusion.
Related articles
-
News BriefSEC orders R.R. Donnelley to pay $2.1M over cyber-related control violations
A business communications and marketing services company agreed to pay more than $2 million to settle charges levied by the Securities and Exchange Commission over cybersecurity-related control violations.
-
News BriefSEC amends Reg S-P to require data breach notification within 30 days
The Securities and Exchange Commission will require broker-dealers and registered investment advisers to adopt written policies and procedures for handling data breaches of customer data and notify affected customers within 30 days.
-
PremiumSurvey: Public companies fear added cyber risks from SEC disclosures
Large public companies say they are prepared to comply with the disclosure requirements of the SEC’s new cybersecurity incident rule, according to a survey conducted by Compliance Week and DLA Piper, but concerns exist that those reports could enhance the threat of future cyberattacks.
More from Regulatory Policy
-
ArticleNavigate SEC cautiously during shutdown, experts advise
The U.S. government shutdown has brought most operations at the Securities and Exchange Commission (SEC) to a screeching halt, but that doesn’t mean compliance teams should be taking a breather, experts advised.
-
ArticleComplying with the EU Data Act – What companies should know
Companies could face significant compliance challenges in trying to meet new EU legal requirements about how companies share data with third parties.
-
ArticleCalifornia climate rules cause uncertainty as CARB delays draft guidance
California has delayed the release of draft greenhouse gas reporting rules for businesses until early 2026, the California Air Resources Board said.