Colorado Joins New York in Mandating Cybersecurity Controls for Financial Institutions
On the heels of the recently adopted New York State Department of Financial Services Cybersecurity Regulation (23 NYCRR 500), Colorado has followed suit with its own set of protections. The Colorado Division of Securities has issued cybersecurity regulations applicable to broker dealers and investment advisers registered with the state, which are codified in Sections 51-4.8 and 51-4.14(IA), respectively.,
Section 51-4.14(IA) requires covered entities to establish and maintain written cybersecurity procedures reasonably designed to ensure cybersecurity. The “reasonableness” standard appears to be a sliding scale, taking into account factors such as:
- the firm’s size;
- third party vendors;
- the extent of the firm’s cyber policies, procedures, and training;
- the firm’s use of electronic communications;
- auto-lock controls for devices with access to Confidential Personal Information; and
- the firm’s process for reporting of lost or stolen devices
Factors 5 and 6 appear to be concerned with mobile devices.
The Colorado cybersecurity regulation requires two things:
- Cybersecurity included as part of the adviser’s risk assessment; and
- Written cybersecurity policies and procedures which are reasonably designed, with “reasonableness” judged on the foregoing factors, and addressing the following:
- Annual cybersecurity risk assessment of potential risks and vulnerabilities to the confidentiality, integrity, and availability of Confidential Personal Information
- Use of Secure Email containing Confidential PI
- Authentication practices for employee access to electronic communications, databases, and media
- Procedures for authenticating client instructions received electronically (e.g. addressing the risk of wire fraud and identity theft); and
- Disclosure to clients of the risks of using electronic communications
Colorado defines “Confidential Personal Information” to include a first name or first initial and last name, in combination with one or more items such as a social security number; driver’s license number or ID card number; account number plus security code/access code/password to gain access to the account; an individual’s digital or electronic signature, or user name / unique ID / email address plus password, access code, security questions or other authentication that would permit access to the account.
The Colorado cybersecurity regulations were adopted by the Colorado Division of Securities on May 19, 2017 and formally approved by the Colorado Attorney General on June 7, 2017. The regulations became effective July 15, 2017.
Ascendant has designed an offering which includes cybersecurity procedures, cybersecurity training, and cybersecurity testing specifically for firms impacted by the Colorado cybersecurity regulation. To learn more, contact us at [email protected].