On August 4, 2023, the Securities and Exchange Commission’s (“SEC”) final rule on Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure was published in the Federal Register, confirming the dates on which these new requirements will enter into force. Covington has previously published a detailed summary of this rule, which imposes significant new disclosure requirements for publicly traded companies and, in certain instances, foreign private issuers. As discussed in greater detail in that alert, the new rule requires U.S. public companies to report material cybersecurity incidents on Form 8-K within four business days of their determination that a material cybersecurity incident has occurred. Foreign private issuers will be required to furnish information on Form 6-K about material cybersecurity incidents that they disclose or otherwise publicize to any stock exchange or to security holders in a foreign jurisdiction.
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