SEC Updates Regulation S-P to Enhance Customer Data Protection

Posted on October 4th, 2024 at 2:10 PM
SEC Updates Regulation S-P to Enhance Customer Data Protection

From the desk of Jim Eccleston at Eccleston Law

The SEC has introduced long-awaited updates to Regulation S-P, originally adopted in 2000, to improve the protection of customer records and information for broker-dealers, investment companies, and RIAs. According to WealthManagement, these updates focus on strengthening cybersecurity measures and improving the procedures for notifying customers in the event of data breaches.

Under the amended rules, financial institutions are now required to maintain written procedures for responding to cyber breach incidents. These procedures must include steps to detect the extent of a breach and to prevent further data leaks. Companies must inform affected customers as soon as possible, but no later than 30 days after discovering a breach. SEC Chair Gary Gensler emphasized the importance of these updates, noting the significant transformation in the nature, scale, and impact of data breaches over the past 24 years.

Michael Cocanower, founder and CEO of AdviserCyber, highlighted the SEC's increasing focus on cybersecurity, adding that the 30-day notification window allows sufficient time for investigation and customer notification. However, he acknowledged that complying may still present challenges to some firms.

While the updated regulations mandate written response policies and customer reporting, they do not require companies to have separate cyber insurance policies. Cocanower recommended that firms consider purchasing such policies, as they can provide critical resources for technical mitigation, investigation, legal counsel, customer notification, and credit monitoring services in the event of a breach.

The SEC’s amendments to Regulation S-P will take effect 60 days after their publication in the Federal Register. Larger entities will have 18 months to comply with the new rules, while smaller entities will have 24 months.

 

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, transition, regulatory, and disciplinary matters.

Tags: eccleston, eccleston law, sec

Return to Archive

TESTIMONIALS

Previous
Next

As a financial advisor with over 20 years of experience, I feel fortunate to call Jim my attorney and friend. He is a fantastic lawyer and trusted advisor. He is skilled in the matters necessary to do the job well. He uses his thoughtful approach and calm demeanor to achieve a positive outcome for the client. If you want to feel confident that nothing will be missed and that you will be represented in a highly professional manner, call Jim Eccleston.

Bill C. and Dan M.

LATEST NEWS AND ARTICLES

November 4, 2025
FINRA Suspends Former Morgan Stanley Advisor Over $180,000 in Improper Transfers

The Financial Industry Regulatory Authority (FINRA) suspended former Morgan Stanley advisor C.J. Kline for two years and imposed a $5,000 fine for allegedly executing more than $180,000 in improper fund transfers between his personal and brokerage accounts.

November 3, 2025
Former Florida Broker Pleads Guilty in $2.7 Million Investment Fraud and PPP Loan Scheme

Former Florida broker Jared Dean Eakes, 34, of Jacksonville, has pleaded guilty to wire and bank fraud in connection with a $2.7 million investment scam and a separate scheme involving over $4.75 million in fraudulent Paycheck Protection Program (PPP) loans, according to U.S. Attorney Gregory W. Kehoe for the Middle District of Florida.

October 31, 2025
Department of Labor Sued Over Illegitimate Deferred Compensation Opinion Letter

Three former Morgan Stanley advisors filed suit this week against the U.S. Department of Labor (DOL), claiming the agency exceeded its authority and was unduly influenced when it issued an advisory opinion that sought to undermine their deferred compensation claims.