2023-05767: Cybersecurity Risk Management Rule for Broker-Dealers, Clearing Agencies, Major Security-Based Swap Participants, the Municipal Securities Rulemaking Board, National Securities Associations, National Securities Exchanges, Security-Based Swap Data Repositories, Security-Based Swap Dealers, and Transfer Agents
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The Securities and Exchange Commission ("Commission") is proposing a new rule and form and amendments to existing recordkeeping rules to require broker-dealers, clearing agencies, major security- based swap participants, the Municipal Securities Rulemaking Board, national securities associations, national securities exchanges, security-based swap data repositories, security-based swap dealers, and transfer agents to address cybersecurity risks through policies and procedures, immediate notification to the Commission of the occurrence of a significant cybersecurity incident and, as applicable, reporting detailed information to the Commission about a significant cybersecurity incident, and public disclosures that would improve transparency with respect to cybersecurity risks and significant cybersecurity incidents. In addition, the Commission is proposing amendments to existing clearing agency exemption orders to require the retention of records that would need to be made under the proposed cybersecurity requirements. Finally, the Commission is proposing amendments to address the potential availability to security-based swap dealers and major security-based swap participants of substituted compliance in connection with those requirements.
The agency’s own summary, as published.
What this changes
Amends 4 parts of the Code of Federal Regulations — the standing rules this notice rewrites.
- 17 CFR 232 Regulation S-T—General Rules and Regulations for Electronic Filings
- 17 CFR 240 General Rules and Regulations, Securities Exchange Act of 1934
- 17 CFR 242 Regulations M, Sho, ATS, AC, NMS, SE, and SBSR, and Customer Margin Requirements for Security Futures
- 17 CFR 249 Forms, Securities Exchange Act of 1934
Rulemaking docket
We haven’t pulled this rulemaking’s full docket yet.
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