State regulators release model cybersecurity rule

State regulators release model cybersecurity rule
Under the proposal, investment advisers would have to establish written policies to safeguard client data.
MAY 21, 2019

State securities regulators released a model cybersecurity rule package Tuesday, offering a regulatory framework that states can adopt to bolster protection of client data. Under the model proposed by the North American Securities Administrators Association, state-registered investment advisers would have to establish written physical and cybersecurity policies and procedures designed to safeguard clients' records and information. Advisers' policies must cover five functions — identifying, protecting, detecting, responding and recovering. In addition, advisers must review their cybersecurity policy annually and deliver it to clients. Other parts of the rule package include an amendment to existing model record-keeping requirements and updates to NASAA's lists of unethical business practices and prohibited conduct to include cybersecurity safeguard failures. "Through this model rule package, NASAA seeks to highlight the importance of data privacy and security in our financial markets along with the related need for investment advisers to have information security policies and procedures," Michael Pieciak, NASAA president and Vermont commissioner of financial regulation, said in a statement. "The package also provides a basic structure for how state-registered investment advisers may design their information security policies and procedures, which we expect to create uniformity in both state regulation and state-registered investment adviser practices." State legislatures and regulatory agencies can adopt the NASAA model rule or some version of it. The rule would apply to state-registered advisers, who have $100 million or less in assets under management. Advisers with more than $100 million AUM are regulated by the Securities and Exchange Commission. Separately on Tuesday, NASAA released its 2018 annual report on state-registered advisers, which shows that states oversee 17,543 advisers. The vast majority of firms — 80%— have one or two advisers. About 85% of them charge AUM fees and 55% charge hourly fees. GJ King, president of compliance consultant RIA in a Box, praised the broad-brush approach the state regulators took in the two-page cybersecurity model rule. "By agreeing on a framework standard rather than prescriptive requirements that may change year-to-year when new technologies or threats evolve, it gives firms guidance that will be relevant today and into the future," Mr. King said. But the lack of specifics also could be a stumbling block. "The challenge is it's not very prescriptive," said Bart McDonough, chief executive and founder of Agio, an outsourced IT and cybersecurity provider. "If I'm an investment adviser, I might have difficulty understanding how to implement this on my own. They absolutely should have someone on staff or a third party who can guide them in addressing [the rule]." Peter Mafteiu, owner of Sound Compliance Services, said the model rule is vague on appropriate cyber safeguards. "The model rule is basically a good template, but it doesn't really say anything," Mr. Mafteiu said. "I would like to see examples or definitions that help an adviser develop their procedures." Advisers should pay attention to the requirement to update and enforce their cyber policies, Mr. King said. "Just creating a manual is not enough," he said. "You need to implement a program and update the program." Although there may be concern over details, Mr. McDonough said the thrust of the model rule is correct. "If they adhere to this, [data] will be more secure," he said.

Latest News

Finra's Reg BI Enforcement: Is it 'ineffective, costly'?
Finra's Reg BI Enforcement: Is it 'ineffective, costly'?

The industry watchdog's own reports reflect failures to deter "willful" and "repeat" violations, raising a crucial question about the future of regulation.

SEC prepares to back away from defending climate rule in court
SEC prepares to back away from defending climate rule in court

Acting Chairman Mark Uyeda directed SEC staff to initiate a pause in court while the commission awaits a quorum. The SEC may decide to withdraw from defending itself in a lawsuit over last year's climate disclosure rule.

wealth.com welcomes Kathy Wunderli in private wealth push
wealth.com welcomes Kathy Wunderli in private wealth push

The top estate planning platform's veteran hire will lead its legal team's efforts to develop estate planning, tax analysis, and wealth transfer solutions for ultra-high-net-worth clients.

Morgan Stanley loses $843,000 investor claim stemming from 'gold bar' scam
Morgan Stanley loses $843,000 investor claim stemming from 'gold bar' scam

“If Morgan Stanley had called my client’s son, this wouldn’t have happened,” the investor's attorney said.

LPL welcomes $630M sibling advisor duo from Corebridge
LPL welcomes $630M sibling advisor duo from Corebridge

Meanwhile, Ameriprise has bolstered its own ranks as an LPL defector joins its branch channel in California.

SPONSORED Taylor Matthews on what's behind Farther's rapid growth

From 'no clients' to reshaping wealth management, Farther blends tech and trust to deliver family-office experience at scale.

SPONSORED Why wealth advisors should care about the future of federal tax policy

Blue Vault features expert strategies to harness for maximum client advantage.