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

No succession plan? No worries. Just practice in place
No succession plan? No worries. Just practice in place

While industry statistics pointing to a succession crisis can cause alarm, advisor-owners should be free to consider a middle path between staying solo and catching the surging wave of M&A.

Research highlights growing need for personalized retirement solutions as investors age
Research highlights growing need for personalized retirement solutions as investors age

New joint research by T. Rowe Price, MIT, and Stanford University finds more diverse asset allocations among older participants.

Advisor moves: RIA Farther hails Q2 recruiting record, Raymond James nabs $300M team from Edward Jones
Advisor moves: RIA Farther hails Q2 recruiting record, Raymond James nabs $300M team from Edward Jones

With its asset pipeline bursting past $13 billion, Farther is looking to build more momentum with three new managing directors.

Insured Retirement Institute urges Labor Department to retain annuity safe harbor
Insured Retirement Institute urges Labor Department to retain annuity safe harbor

A Department of Labor proposal to scrap a regulatory provision under ERISA could create uncertainty for fiduciaries, the trade association argues.

LPL Financial sticking to its guns with retaining 90% of Commonwealth's financial advisors
LPL Financial sticking to its guns with retaining 90% of Commonwealth's financial advisors

"We continue to feel confident about our ability to capture 90%," LPL CEO Rich Steinmeier told analysts during the firm's 2nd quarter earnings call.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.