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Thought Leadership

The SEC Adopts Cybersecurity Disclosure Regime for Public Companies

Read Time: 1 min

CONTRIBUTORS

Sean Donahue

Partner, Capital Markets

Brad Bondi

Partner, Investigation & White Collar Defense

Aaron Charfoos

Partner, Investigation & White Collar Defense

Kenneth P. Herzinger

Partner, Investigation & White Collar Defense

Spencer Francis Young

Senior Practice Group Attorney, Capital Markets

Jeremy Berkowitz

Senior Privacy Director and Deputy Chief Privacy Officer

On July 26, 2023, the U.S. Securities and Exchange Commission adopted enhanced disclosure requirements regarding cybersecurity risk management, strategy, governance and incident reporting for public companies. The final rules reflect a less stringent regime than initially proposed. The amendments call for (1) real-time disclosure of cybersecurity incidents on Form 8-K or Form 6-K, as applicable, and (2) annual disclosure of an issuer’s cybersecurity risk assessment processes and the respective roles of its board of directors and management in overseeing and managing cybersecurity threats. Companies should be preparing now for the rules’ coming effectiveness.