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

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.