Data, privacy and AI rules

12 due in 60 days · 190 regulations

SEC Cyber Disclosure Rules

In force United States (Federal) · In force Sep 5, 2023 · no upcoming deadlines

Deadlines

ComplianceDec 18, 2024 · 22 months ago · Source
Inline XBRL tagging of Item 1.05 disclosuresForm 8-K Item 1.05 and Form 6-K incident disclosures must be tagged in Inline XBRL.
ComplianceDec 15, 2024 · 22 months ago · Source
Inline XBRL tagging of annual cybersecurity disclosuresItem 106 / Item 16K disclosures must be tagged in Inline XBRL for fiscal years ending on or after this date.
ComplianceJun 15, 2024 · 2.4 years ago · Source
Smaller reporting companies: Item 1.05 complianceSmaller reporting companies must begin complying with Form 8-K Item 1.05 incident disclosure.
ComplianceDec 18, 2023 · 2.9 years ago · Source
Form 8-K Item 1.05 incident disclosure beginsAll registrants other than smaller reporting companies must file material incident disclosures from this date.
ComplianceDec 15, 2023 · 2.9 years ago · Source
Annual cybersecurity disclosures begin (Item 106 / 16K)Required in annual reports for fiscal years ending on or after this date.

Summaries for reference, not legal advice. Check the official text.

What it does

Public companies must disclose a material cybersecurity incident on Form 8-K Item 1.05 within four business days of determining it is material (foreign private issuers use Form 6-K), and describe cybersecurity risk management, strategy and governance annually in Form 10-K (Item 106) or Form 20-F (Item 16K).

Who it applies to
SEC registrants filing Exchange Act reports, including smaller reporting companies and foreign private issuers. Disclosure delay is available only if the U.S. Attorney General determines immediate disclosure poses a substantial risk to national security or public safety.
Penalties
No fixed fine schedule; violations enforced under the federal securities laws (civil penalties, disgorgement, injunctions, officer and director bars).
Enforced by
U.S. Securities and Exchange Commission
Official name
SEC Cybersecurity Risk Management, Strategy, Governance, and Incident Disclosure (Release No. 33-11216)
Citation
Release No. 33-11216; 88 FR 51896 (Aug. 4, 2023); Form 8-K Item 1.05; Regulation S-K Item 106
Topics
Cybersecurity, Breach notification, Financial
Verified 2026-09-22 sec.gov sec.gov federalregister.gov
Research notes

Industry petitions (e.g. April 2026 comment letters) ask the SEC to rescind Item 1.05; no proposed rescission had appeared in the Federal Register as of 2026-09-22. In June 2025 the SEC withdrew its separate 2022/2023 cybersecurity risk management proposals for investment advisers/funds and for broker-dealers and other market entities.

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Questions about SEC Cyber Disclosure Rules
What are the SEC Cyber Disclosure Rules compliance deadlines?
Dec 15, 2023: Annual cybersecurity disclosures begin (Item 106 / 16K). Dec 18, 2023: Form 8-K Item 1.05 incident disclosure begins. Jun 15, 2024: Smaller reporting companies: Item 1.05 compliance. Dec 15, 2024: Inline XBRL tagging of annual cybersecurity disclosures. Dec 18, 2024: Inline XBRL tagging of Item 1.05 disclosures.
When does SEC Cyber Disclosure Rules take effect?
SEC Cyber Disclosure Rules took effect on Sep 5, 2023.
Who does SEC Cyber Disclosure Rules apply to?
SEC registrants filing Exchange Act reports, including smaller reporting companies and foreign private issuers. Disclosure delay is available only if the U.S. Attorney General determines immediate disclosure poses a substantial risk to national security or public safety.
What are the penalties under SEC Cyber Disclosure Rules?
No fixed fine schedule; violations enforced under the federal securities laws (civil penalties, disgorgement, injunctions, officer and director bars).