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Data Center News > Blog > Regulation & Policy > SEC cyber security filings on the rise as new reporting rules bite
Regulation & Policy

SEC cyber security filings on the rise as new reporting rules bite

Last updated: June 19, 2024 11:19 pm
Published June 19, 2024
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SEC cyber security filings on the rise as new reporting rules bite
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There’s been a 12-fold enhance in cyber safety filings to the US Securities and Change Fee (SEC) within the first quarter of this yr, following the introduction of latest guidelines on knowledge breach disclosures final December.

Evaluation by safety agency Panaseer discovered there have been not less than 1,327 annual 10-Ok filings mentioning the Nationwide Institute of Requirements and Know-how (NIST) – a key indicator that cyber safety posture is current in a submitting – between January and Could this yr.

This compares to only 110 throughout the identical interval in 2023 – a 12-fold enhance – and 128 throughout the whole yr. On present projections, Panaseer predicts there might be as much as 2,600 such filings throughout 2024 – a greater than 20 instances enhance.

The brand new regulation applies to listed enterprises, with two separate SEC reviews that apply to cyber safety.

The primary is a 10-Ok submitting, a complete annual report of essential data together with monetary efficiency. Now, organizations should describe intimately their method to cyber danger administration, together with cyber safety technique, board oversight, and administration’s function in cyber governance.

The second is an 8-Ok submitting, which is a report saying main occasions that shareholders ought to learn about. This now requires companies to reveal ‘materials cyber safety incidents’ that are prone to impression buyers inside 4 days.

“The SEC’s laws will present better transparency, which is a optimistic step in direction of giving buyers the complete image of a corporation’s cyber danger posture,” mentioned Nick Traces, safety evangelist at Panaseer.

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“Nevertheless, organizations should do not forget that the accuracy of those reviews is essential. Cyber assaults are a reality of life for listed companies, however firms have beforehand reported zero materials cyber safety threats throughout a complete yr and there have solely been 24 filings up to now within the yr, which stretches perception.”

To fulfill the SEC, these filings have to precisely painting cyber safety posture and any discrepancies between reviews and actuality may depart CISOs probably going through prices. SolarWinds CISO, Timothy Brown, for instance, has already confronted prices for fraud and inner management failures referring to allegedly recognized cyber safety dangers and vulnerabilities.

“CISOs are in a fragile place: whereas buyers shall be delay by a poor cyber danger posture, the SEC will come down laborious on inaccurate reviews. Both method, CISOs shall be within the firing line,” Traces mentioned.

Different facets of 10-Ok filings are slightly extra encouraging, nevertheless. There’s been a 70-fold enhance in mentions of the Licensed Info System Safety Skilled (CISSP) accreditation, which might be an indication that experience is rising.

In the meantime, there have been 13 instances as many mentions of ‘Heart for Web Safety’, indicating that acknowledged safety frameworks are being utilized in annual disclosure.

“On one hand, having annual SEC cyber disclosure is shining a shiny mild onto a corporation’s safety practices, administration and governance. This may proceed to drive everybody to enhance their method to cyber danger,” Traces commented.

“Alternatively, I discover it very unusual that solely 17 firms have filed an 8-Ok Merchandise 1.05. In the entire of the USA, there may be not one cybersecurity incident that can have a fabric impression. Given the SEC is presently suing a corporation for misrepresenting its safety posture, I can’t assist however marvel what is going to occur when a critical cyber incident is found that was not disclosed.”

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