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2024-12-10
Public companies are failing to meet the
A recent report by BreachRx has revealed that many publicly traded companies are not providing sufficient details about cyber incidents to their investors, despite new regulations from the Securities and Exchange Commission (SEC). While the SEC intended to enhance transparency with these rules, the reality is quite different.
Key findings from the report include:
Lack of Detail: Only 16.9% of 8-K filings disclosed specific information about the material impact of cyber incidents on the company’s business.
Vague Responses: A significant number of companies (52%) provided generic, boilerplate statements about incidents, offering little substantive information.
Limited Disclosure: Many companies are narrowly interpreting the “materiality” standard, focusing primarily on financial impacts and excluding customer data breaches.
Why is this happening?
Several factors contribute to this lack of transparency:
SEC Guidance: The SEC has not provided detailed guidance on what constitutes “material” information, leading to varying interpretations.
Legal Concerns: Companies fear potential litigation and may be hesitant to disclose sensitive details about active cyber incidents.
Corporate Culture: A culture of secrecy and risk aversion may hinder open communication about cyber risks.
What Undercode Says:
While the
Clear and Concise Disclosures: Provide detailed information about the nature, scope, and impact of cyber incidents.
Timely Reporting: Adhere to strict timelines for disclosing incidents to investors.
Robust Cybersecurity Programs: Invest in strong cybersecurity measures to mitigate risks and protect sensitive data.
Effective Communication: Maintain open and honest communication with investors, regulators, and the public.
It is crucial for investors to demand greater transparency from companies. By understanding the cyber risks faced by businesses, investors can make informed decisions and hold companies accountable. As the threat landscape continues to evolve, it is imperative that companies and regulators work together to ensure that investors have access to the information they need to protect their investments.
References:
Reported By: Axios.com
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