SEC Issues Guidance on Disclosure Obligations With Respect to Cybersecurity Threats

The Securities and Exchange Commission has issued guidance on disclosure obligations with respect to cybersecurity risks and cyber incidents. Disclosure may be required if: (i) the risk of cyber incidents if these issues are among the most significant factors that make an investment in the company speculative or risky; (ii) the costs or other consequences associated with one or more known incidents or the risk of potential incidents represent a material event, trend, or uncertainty that is reasonably likely to have a material effect on the registrant’s results of operations, liquidity, or financial condition or would cause reported financial information not to be necessarily indicative of future operating results or financial condition; (iii) one or more cyber incidents materially affect a registrant’s products, services, relationships with customers or suppliers, or competitive conditions; and (iv) if a material pending legal proceeding to which a registrant or any of its subsidiaries is a party involves a cyber incident.

Originally Published: 
13/10/2011