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Federal and State Cybersecurity Regulation of Financial Services Firms

BY Brian Neil Hoffman, Romaine Marshall
June 02, 2017

Cybercrime poses an ever-increasing threat to consumers of financial products and services. In 2016, the then-SEC Chair said that cybercrime ranks as “one of the greatest risks facing the financial services industry.” Federal law thus requires financial services firms to implement procedures designed to protect their customers' data. Now, individual states are increasingly getting into the game. Two states recently enacted or proposed rules for financial services firms. This may be just the beginning of a national trend toward increased state regulation of cybersecurity matters. Financial services firms and their management should keep a close eye on developing cybersecurity regulations, so as to be better prepared to proactively address the shifting regulatory landscape as it continues to evolve.

Federal Focus on Cybersecurity

The U.S. Securities and Exchange Commission (SEC) has long focused on cybersecurity procedures at registered investment advisers (IAs) and broker-dealers (BDs). The SEC's examination program included cybersecurity as a priority for many years. And the SEC has engaged in outreach discussions with the securities industry about the topic as well.

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