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ARTICLE · 17 MARCH 2022

SEC Proposes Sweeping New Cybersecurity Disclosure Rules For Public Companies

Alston & Bird
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On March 9, 2022, the Securities and Exchange Commission (SEC) released the latest in a series of proposed rules aimed at bolstering the cybersecurity-related disclosures of regulated entities...

United StatesTechnology
David A. Brown
David A. Brown
Katherine Doty Hanniford
Katherine Doty Hanniford
Kimberly Peretti
Kimberly Peretti
Cara M. Peterman
Cara M. Peterman
Rebecca R. Valentino
Rebecca R. Valentino
Alysa Austin
Alysa Austin
Sierra Shear
Sierra Shear
Kezia Osunsade
Kezia Osunsade

Executive Summary

Our Securities, Securities Litigation, and Privacy, Cyber & Data Strategy teams highlight the key aspects of the Securities and Exchange Commission's latest sweeping changes to its cybersecurity reporting rules for public companies subject to the Securities Exchange Act.

  • Requiring a report on Form 8-K within four business days of determining that a material cybersecurity incident has occurred 
  • No extension for a law enforcement delay or ongoing investigation
  • Reporting when immaterial cybersecurity incidents become material in the aggregate
  • Disclosing risk management and governance procedures and any cybersecurity expertise on the board

On March 9, 2022, the Securities and Exchange Commission (SEC) released the latest in a series of proposed rules aimed at bolstering the cybersecurity-related disclosures of regulated entities, this time directed at public companies that are subject to the reporting requirements of the Securities

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