Just last week, the SEC proposed Cyber rule changes for all market entities like broker-dealers, clearing agencies, swap participants, exchanges, broker/ dealers, and transfer agents. Combined with similar rule changes for publicly traded companies proposed last year, every market participant is covered. Both mandate the reporting of Cyber incidents, along with the disclosure of board composition, and overall cyber resilience. Together, the impact every market participant within the SEC's purview.
Whether an asset is a currency, a commodity, or an equity is a matter of law. So far, the SEC has limited - and often questioned authority - over crypto currencies and digital assets. Depending on what the US Congress does, these new rules could easily have a dramatic impact on the crypto community.
Folding in, the U.S. National Cyber Policy, EU-US Data Privacy Framework (DPF), Network and Information Systems Directive (NIS2), and Digital Operational Resilience Act (DORA) we are seeing what could easily amount to the most sweeping regulatory changes since Sarbannes-Oxly.
Anyone interested can find the Fact Sheet here and the Proposed Rule Changes here. PSA it is over 500 pages.
Would love to hear everyone's thoughts.
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Alex Sharpe
Principal
Sharpe42
alex@sharpellc.comCo-Chair Philosophy & Guiding Principles Working Group
Co-Chair Organizational Strategy & Governance Working Group
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