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SEC adopts amendments to Regulation S-P to address risks associated with the expanded use of technology | A&O Shearman

SEC adopts amendments to Regulation S-P to address risks associated with the expanded use of technology | A&O Shearman
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United States - Security - Darned If You Do, Darned If You Don t: Recent Lessons From The SEC On Cyber Reporting

Disclosure Of Cybersecurity Incidents Determined To Be Material And Other Cybersecurity Incidents[*], Erik Gerding, Director, SEC Division Of Corporation Finance, May 21, 2024

<p><span>The cybersecurity rules that the Commission adopted on July 26, 2023 require public companies to disclose material cybersecurity incidents under Item 1.05 of Form 8-K.</span><span>&nbsp; If a company chooses to disclose a cybersecurity incident for which it has not yet made a materiality determination, or a cybersecurity incident that the company determined was not material, the Division of Corporation Finance encourages the company to disclose that cybersecurity incident under a different item of Form 8-K (for example, Item 8.01). &nbsp;Although the text of Item 1.05 does not expressly prohibit voluntary filings, Item 1.05 was added to Form 8-K to require the disclosure of a cybersecurity incident &ldquo;that is determined by the registrant to be material,&rdquo; and, in fact, the item is titled &ldquo;Material Cybersecurity Incidents.&rdquo;</span><span>&nbsp; In addition, in adopting Item 1.05, the Commission s

Cloud Reassurance: A Framework to Enhance Resilience and Trust

Cloud Reassurance: A Framework to Enhance Resilience and Trust
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