How Fund Managers Can Prepare for the Latest SEC Cyber Sweeps

The SEC’s Office of Compliance Inspections and Examinations has announced two new sets of cyber sweeps. This time around, the regulator’s standards have risen, the inquiries will be more rigorous and the examiners are bringing more technical expertise. By now, the SEC expects that fund managers have invested resources, technology or human capital to align their programs with the Commission’s expectations. To help PE sponsors respond effectively, this article reviews the current and past cyber sweeps and provides advice on how to prepare for a cyber-focused examination. For more on cybersecurity, see “Essential Tools for Private Fund Managers to Combat Escalating Cyber Threats” (Feb. 4, 2016); and “Critical Components of a Fund Manager Cybersecurity Program: Resources, Preparation, Coordination, Response and Mitigation” (Jan. 15, 2015). To further explore how fund managers can prepare themselves for cyber incidents, on Tuesday, July 30, 2019, at 1:00 p.m. ET, our sister products, the Hedge Fund Law Report and the Cybersecurity Law Report, will host a complimentary webinar, entitled “Conducting an Effective Tabletop Exercise.” The program will be moderated by Shaw Horton, Associate Editor of the Hedge Fund Law Report, and will feature Luke Dembosky, partner at Debevoise, John “Four” Flynn, chief information security officer at Uber, and Jill Abitbol, Senior Editor of the Cybersecurity Law Report. To register for the webinar, click here.

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