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Covered financial institutions now face heightened expectations in relation to cybersecurity governance, risk assessment, and incident reporting.

By Jenny Cieplak, Tony Kim, Arthur Long, Clayton Northouse, Serrin Turner, Yvette D. Valdez, Deric Behar, and Molly Whitman

The New York State Department of Financial Services’ (DFS) amendments (the Amendments) to its cybersecurity regulations, which were adopted last month with the first implementation deadline of December 1, 2023, impose new and enhanced requirements on covered entities.

On November 1, 2023, the DFS announced the Amendments to its regulations that were initially published in 2017 (23 NYCRR part 500). The changes impose more demanding requirements for larger entities, new obligations to report ransomware incidents and payments, and expanded oversight responsibilities for board and senior management. Requirements related to business continuity and disaster recovery have also been included for the first time.

By Christian McDermott, Calum Docherty, Stuart Davis and Anne Mainwaring

The European Banking Authority (EBA) has published its consultation document on security measures for operational and security risks under the revised Payment Services Directive (PSD2).

The WannaCry ransomware attack that swept across the globe last week revealed the destructive and indiscriminate nature of cyber threats. It attacked hospitals, telecoms networks and universities, seizing hold of important data and leaving users and systems administrators temporarily powerless. These are precisely the risks that the payments industry wants to avoid as it braces for the revised PSD2, which will come into force across the EU from 13 January 2018. As such, the EBA has published a consultation paper on security measures for operational and security risks under PSD2, setting out proposed requirements for payment services providers (PSPs) to mitigate the concomitant payment processing risks.

The consultation paper is one of the EBA’s three security mandates in PSD2, complementing the Regulatory Technical Standards on Strong Customer Authentication and Common and Secure Communication (submitted to the European Commission for adoption 23 February 2017), and the Guidelines on Major Incidents Reporting (which recently finished its consultation).