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Public Companies Face New Cybersecurity Rules

Currently, there are no explicit disclosure requirements in Regulation S-K or S-X that include cybersecurity risks or incidents. The SEC did issue various interpretive guidance in 2011 and 2018 highlighting how existing securities laws apply to cybersecurity risks and incidents. This article provides details on an SEC proposal issued March 9 to address cybersecurity threats, which pose an ongoing and escalating risk to public companies, investors, and market participants.