A Practical Approach to Navigating the New Cybersecurity Legal and Regulatory Landscape

In recent years, there has been a resounding surge of new cybersecurity laws and regulations within the U.S. and worldwide, including among certain key jurisdictions for managers such as the E.U. and Cayman Islands. This trend has generally created a complex, fragmented jumble of global reg-tech jurisprudence – and 2023 is shaping up to be the most frenzied year of cybersecurity regulatory change to date. The federal government has more than a dozen new cybersecurity laws and regulations locked and loaded, several of which are being promulgated by the SEC, with iterations for public companies and various types of market entities, including investment advisers. This guest article by John T. Araneo at Cole‑Frieman & Mallon LLP provides a simple, plain-English explanation of the fundamental elements of the SEC’s proposed cybersecurity risk management rule for investment advisers, discusses how this new cybersecurity compliance regime may work and supplies some clear next-step action items that investment advisers should consider taking. See “Six Ways Fund Managers Can Prepare for the SEC’s Focus on Cybersecurity and Resiliency” (May 26, 2020); and “Strategies to Mitigate Evolving Cybersecurity Risks Introduced by a Fully Remote Workforce” (May 19, 2020).

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