SEC Data Breach Disclosure Delay Guidance Doesn’t Alleviate Corporate Anxiety

Matt Franker’s commentary was included in a Global Data Review article exploring companies’ unease at FBI and Department of Justice guidelines for delaying the Securities and Exchange Commission’s cybersecurity incident disclosure requirement. Matt provides analysis on how the delay guidelines create a point of friction with the SEC’s disclosure requirements.

If companies don’t qualify for the delay because they can generally disclose the event, such disclosures may contrast with the SEC’s goals for increased cybersecurity transparency. There could be a “tension point between the DOJ’s procedures and the SEC’s expectations that disclosures not omit material information,” Matt said.