How the SEC will police advisers' lax cybersecurity

The SEC may be refining its approach to spurring good cybersecurity practices in advisers, but its expectations aren't slackening.

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There's been "a conscious decision" at the agency to lead through the exam process, rather than enforcement, said David Glockner, regional director of the SEC's Chicago office.

"There've been a handful of enforcement cases in this area," Glockner said, "but if you step back and think about it, there are way more incidents, way more issues that pop up in exams than there are enforcement referrals or enforcement actions."

But even if the commission will discipline advisers sparingly and bring actions in the most egregious cases, officials want advisers to demonstrate that they are taking the issue seriously. Examiners will expect to review a firm's policies and procedures for protecting against data breaches and other threats to sensitive information.

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Jessica Martinez is the U.S. policy director at Fireblocks. Previously she served as senior director of government relations at the Blockchain Association, staff director of the U.S. Congress Joint Economic Committee, partner at Franklin Square Group, legislative director and deputy chief of staff in the U.S. House, and special advisor at the Federal Communications Commission.

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Lars Holdgaard is the founder of Debitura and has more than 10 years of experience across debt collection, accounts receivable, technology and startups. He previously led product and technology work for software used in financial administration and receivables management.

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Lars Holdgaard of Debitura

As a starting point, officials recommend advisers take an inventory of their digital assets to determine the various entry points that hackers could take to infiltrate their systems, including a thorough vetting of all the outside vendors a firm contracts with.

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To ensure that personnel throughout the firm are cognizant of the myriad cyber threats, the SEC urges firm leaders to elevate the issue as a business priority, appealing for a tone at the top that prevents cybersecurity issues from being marginalized as simply a matter for the IT department.

But in some firms, there remains a tension between business and cybersecurity concerns, according to Steven Levine, an associate regional director at the SEC's Chicago office.

Levine has warned about the compliance and supervision challenges facing the growing number of advisory firms that have adopted the broker-dealer model of maintaining a home office and multiple branches.

Often, branch managers look to bring in high-producing industry veterans who might resist the firm's cybersecurity policies and procedures, which puts additional onus on the chief compliance officer to lay down the law, Levine says.


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Cyber Security Compliance Regulatory actions and programs SEC
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