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ARTICLE · 12 MARCH 2018

SEC Announces New Interpretive Guidance In Cybersecurity

Restrictions and procedures to prevent insider trading as it relates to cybersecurity incidents.

United StatesTechnology

In a February 21 Release, the U.S. Securities and Exchange Commission (SEC) announced new interpretive guidance for public companies regarding cybersecurity risk and incident disclosures.

The interpretive guidance reviews existing cybersecurity disclosure regulations, and goes a step further to explain additional disclosures that might be necessary if a company experiences cybersecurity-related incidents or breaches. We believe that this new guidance signals a continuing interest by the SEC in further expanding cybersecurity awareness and compliance.

The new guidance (which expands on the 2011 statement from the SEC's Division of Corporate Finance, which identified the cybersecurity risk—and consequence—disclosure obligations for public companies) introduces two new areas of focus which had not previously been addressed by the SEC, as follows:

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