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ARTICLE · 18 MAY 2021

Benefits Counselor – May 2021

Reinhart, Boerner, Van Deuren SC
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Benefit plans have been subject to only a limited regulatory and statutory scheme with respect to data privacy and cybersecurity.

United StatesEmployment and HR
Employee Benefits Group
Employee Benefits Group
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DOL Cybersecurity Guidance

Benefit plans have been subject to only a limited regulatory and statutory scheme with respect to data privacy and cybersecurity. Most of the regulatory scheme is targeted towards health plans with respect to protected health information under HIPAA and HITECH.

In response to a March 15, 2021, Government Accountability Office report recommending that the Secretary of Labor formally state whether cybersecurity for private sector employer-sponsored defined contribution retirement plans is a plan fiduciary responsibility under ERISA, the DOL has issued non-binding cybersecurity guidance for plan sponsors, providers and plan participants. The guidance consists of suggestions for best practices released in three parts: Tips for Hiring A Service Provider (targeted at plan sponsors); Cybersecurity Program Best Practices (targeted towards service providers and record-keepers); and Online Security Tips (targeted towards plan participants).

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