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ARTICLE · 01 OCTOBER 2015

Cross-Border Alert: SEC Proceeding Underscores Need For Proactive Measures To Address Cybersecurity

This enforcement proceeding is the latest, but not the sole illustration of US and Canadian securities regulators' interest in cybersecurity.

CanadaPrivacy

On September 22, 2015, the US Securities and Exchange Commission (SEC) announced that an investment advisor firm had agreed to settle allegations that it failed to adopt written cybersecurity policies and procedures reasonably designed to safeguard customer information.


Background

The SEC enforcement action was prompted by an attack by an unknown intruder on the firm's third-party-hosted web server, which resulted in the intruder gaining access rights and copy rights to personally identifiable information pertaining to over 100,000 individuals, including clients of the firm.

While the firm provided notice of the breach and offered free identity theft monitoring services to all affected individuals, took prompt remedial action to mitigate against the risk of future cyber threats, and there was no indication that any client suffered financial harm as a result of the attack, the SEC instituted administrative cease-and-desist proceedings, alleging the firm

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