Inside Cybersecurity

June 25, 2024

Daily News

SEC corporate finance chief clarifies ‘materiality determination’ for filings under controversial cyber incident disclosure rule

By Sara Friedman / May 22, 2024

The Securities and Exchange Commission is providing guidance to companies reporting incidents under requirements established in a controversial cyber incident disclosure rule on filing needs when it comes to making a “materiality determination,” in a new statement from corporation finance division chief Erik Gerding.

Under the rulemaking adopted in July 2023, the SEC requires disclosure for “material cyber incidents” under Item 1.05 of Form 8-K, Gerding says. For incidents that are not material, Gerding says the companies should disclose the...

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