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Internal Audit, Risk, Business & Technology Consulting Regulation Background The New York State Department of Financial Services (NYDFS or DFS) established a set of cybersecurity requirements, effective March 2017, for financial services companies who are supervised by the NYDFS to address the heightened risk of cyberattacks by nation-states, terrorist organizations and independent criminal actors. The regulation, Part 500 of Title 23 of the New York Code, aims to protect customer information as well as the information systems by holding covered entities accountable for their cyber defense responsibilities. Who Is Exempt from Part 500 Title 23? National banks or banks chartered in other states New York branches of non-New York chartered banks Federal Credit Unions Broker-dealers Office of the Comptroller of the Currency (OCC)- chartered branches and agencies of non-U.S. banks An affiliate of a Covered Entity that is not itself a Covered Entity Any person operating under or required to operate under a license, registration, charter, certificate, permit, accreditation or similar authorization under the New York State Banking Law, the Insurance Law or the Financial Services Law. NYDFS What Is a Covered Entity? Many financial services companies fall under the Covered Entity definition — even those that aren’t based in New York. Refer to your compliance department or the NYDFS website to understand the impact on your institution. Who does the standard apply to? Branches, Agencies or Offices of Non-US Banks Credit Unions Mortgage Brokers Check Cashiers/ Money Transmitters Insurance Companies Institutions with BitLicenses Insured Depository Institutions Trust Companies Cybersecurity Regulation Overview New York Department of Financial Services 23 NYCRR 500

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Page 1: Cybersecurity Regulation Overview - Protiviti · PDF fileCybersecurity Regulation Overview ... Protiviti SME Spotlight ... QATAR* Doha SAUDI ARABIA* Riyadh SOUTH AFRICA* Johannesburg

Internal Audit, Risk, Business & Technology Consulting

Regulation Background

The New York State Department of Financial Services (NYDFS or DFS) established a set of cybersecurity requirements,

effective March 2017, for financial services companies who are supervised by the NYDFS to address the heightened

risk of cyberattacks by nation-states, terrorist organizations and independent criminal actors. The regulation, Part

500 of Title 23 of the New York Code, aims to protect customer information as well as the information systems by

holding covered entities accountable for their cyber defense responsibilities.

Who Is Exempt from Part 500 Title 23?

• National banks or banks chartered in other states

• New York branches of non-New York

chartered banks

• Federal Credit Unions

• Broker-dealers

• Office of the Comptroller of the Currency (OCC)-

chartered branches and agencies of non-U.S. banks

• An affiliate of a Covered Entity that is not itself a

Covered Entity

Any person operating under or required to

operate under a license, registration, charter,

certificate, permit, accreditation or similar

authorization under the New York State

Banking Law, the Insurance Law or the

Financial Services Law. — NYDFS

What Is a Covered Entity?

Many financial services companies fall

under the Covered Entity definition —

even those that aren’t based in New York.

Refer to your compliance department or the NYDFS

website to understand the impact on your institution.

Who does the standard apply to?

Branches, Agencies or Offices of Non-US Banks

Credit Unions

Mortgage Brokers

Check Cashiers/Money Transmitters

Insurance Companies

Institutions with BitLicenses

Insured Depository Institutions

Trust Companies

Cybersecurity Regulation OverviewNew York Department of Financial Services 23 NYCRR 500

Page 2: Cybersecurity Regulation Overview - Protiviti · PDF fileCybersecurity Regulation Overview ... Protiviti SME Spotlight ... QATAR* Doha SAUDI ARABIA* Riyadh SOUTH AFRICA* Johannesburg

protiviti.com

How Protiviti Can Help

Protiviti has vast experience in assisting our financial services clients interpret, attest to and comply with

regulations. Our team includes leading industry regulation and cybersecurity experts and former regulators who

regularly produce thought leadership pieces. Protiviti’s Global Financial Services Industry (FSI) practice leverages

our experienced consulting team to deliver projects across multiple areas impacted by the NYDFS regulation:

NYDFS Cybersecurity Readiness: A readiness assessment by Protiviti can identify gaps in a Covered Entity’s

current state of compliance with NYDFS cybersecurity regulation, resulting in a road map to achieve compliance.

Risk Assessment Methodology or Execution: Protiviti can help an organization align or mature a Covered

Entity’s assessment methodology to NYDFS compliance or perform the assessment for the Covered Entity.

Remediation or Project Management: Protiviti can provide remediation, project management and other advisory

services for known areas of noncompliance.

Audit Outsource or Co-Source and/or Advisory Support: Protiviti can provide audit or co-source audit of

NYDFS cybersecurity controls or other audit advisory support.

Third-Party Review of Compliance Efforts: Protiviti can provide a third-party review or formal assessment of

internal efforts, projects, plans and road maps working toward NYDFS compliance.

Protiviti SME Spotlight

Adam Hamm is a managing director with Protiviti who has a deep knowledge of financial

services regulation and hands-on experience in all insurance supervision and policy-related

matters. Prior to joining Protiviti in January 2017, he was a former president of the National

Association of Insurance Commissioners (NAIC), chairman of the NAIC’s Cybersecurity

Task Force, principal on the Financial and Banking Information Infrastructure Committee

(FBIIC), principal on the United States Financial Stability Oversight Council (FSOC) and

North Dakota’s elected insurance commissioner.

Frequently Asked Questions (FAQs)

1. When should a Covered Entity report a breach?

2. Who is responsible for a Covered Entity’s cybersecurity program?

3. Are compensating controls for certain requirements permitted by the NYDFS?

4. Is the cybersecurity regulation a “one size fits all” model?

Protiviti Response

Covered Entities must report within 72 hours of a breach.

Covered Entities must appoint a chief information security officer (CISO) or a suitable equivalent.

If necessary and permitted, compensating controls must be reviewed and approved by the CISO on an annual basis.

A periodic risk assessment should inform the design of the cybersecurity program.

Page 3: Cybersecurity Regulation Overview - Protiviti · PDF fileCybersecurity Regulation Overview ... Protiviti SME Spotlight ... QATAR* Doha SAUDI ARABIA* Riyadh SOUTH AFRICA* Johannesburg

protiviti.com

ABOUT PROTIVITI

Protiviti is a global consulting firm that delivers deep expertise, objective insights, a tailored approach and unparalleled collaboration to help leaders confidently face the future. Protiviti and our independently owned Member Firms provide consulting solutions in finance, technology, operations, data, analytics, governance, risk and internal audit to our clients through our network of more than 70 offices in over 20 countries.

We have served more than 60 percent of Fortune 1000® and 35 percent of Fortune Global 500® companies. We also work with smaller, growing companies, including those looking to go public, as well as with government agencies. Protiviti is a wholly owned subsidiary of Robert Half (NYSE: RHI). Founded in 1948, Robert Half is a member of the S&P 500 index.

Contacts

Adam HammManaging [email protected]

Scott LaliberteManaging [email protected]

Andrew RetrumManaging [email protected]

Cal SlempManaging [email protected]

August 28, 2017

(500.02) Cybersecurity Program

(500.03) Cybersecurity Policy

(500.04a) CISO

(500.07) Access Privileges

(500.10) Cyber Personnel & Intel

(500.16) Incident Response

(500.17) Notice to Superintendent

March 1, 2018

(500.04b) CISO

(500.05) Penetration Testing &

Vulnerability Management

(500.09) Risk Assessment

(500.12) Multi-Factor

Authentication (MFA)

(500.14b) Training

September 3, 2018

(500.06) Audit Trail

(500.08) Application Security

(500.13) Data Retention

(500.14a) Monitoring

(500.15) Encryption of Nonpublic

Information

March 1, 2019

(500.11) Third-Party Service

Provider Security Policy

NYDFS Cybersecurity Regulation Key Dates

Certification Submission Deadline Transition Period# Top Challenges of the Regulation

Issuance of NYDFS Cyber

Regulation

March 1, 2017

First Certification Submission

Date

Feb. 15, 2018

1

1 2 3

4

Requirement Transition

Date 1

Aug. 28, 2017

2

Requirement Transition

Date 2

March 1, 2018

Initial Exemption Reporting Deadline

Sep. 27, 2017

3

Requirement Transition

Date 3

Sep. 3, 2018

4

Two-Year Transition

Period Ends

March 1, 2019

Visit www.dfs.ny.gov/about/cybersecurity.htm and www.protiviti.com/cybersecurity-fs for more

details on the NYDFS Cybersecurity regulation.

Page 4: Cybersecurity Regulation Overview - Protiviti · PDF fileCybersecurity Regulation Overview ... Protiviti SME Spotlight ... QATAR* Doha SAUDI ARABIA* Riyadh SOUTH AFRICA* Johannesburg

© 2017 Protiviti Inc. An Equal Opportunity Employer M/F/Disability/Veterans. PRO-0917-104270 Protiviti is not licensed or registered as a public accounting firm and does not issue opinions on financial statements or offer attestation services.

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