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

The work that you and your team have performed on my behalf is exemplary.

JT

LATEST NEWS AND ARTICLES

January 29, 2026
OFAC Targets Individual Trustee, Sending a Clear Warning to Fiduciaries and Family Offices

In a rare move, the Office of Foreign Assets Control (OFAC) penalized a former U.S. government official, underscoring that professional gatekeepers can face personal liability for sanctions violations tied to trust administration.

January 28, 2026
FINRA Advances Overhaul of Outside Business Activity Rules to the SEC

FINRA formally has advanced its proposed overhaul of outside business activity (OBA) regulations to the Securities and Exchange Commission.

January 27, 2026
FINRA Sanctions, Criminal Cases, and Industry Bars in 2025

AdvisorHub has compiled a year-end review of enforcement actions and criminal proceedings.