Cyber Crime Seminar 8 December 2015

Transcription

1 Cyber Crime Seminar Cyber Security & Financial Services in a changing regulatory landscape John Salmon Partner, Pinsent Masons Cyber Security and Financial Services: A changing regulatory landscape 8 December 2015 John Salmon, Partner Head of Financial Services Sector 1

2 Overall impact key considerations Operations Broader than data protection compliance Reputation Profitability Other regulatory issues IP theft Confidential information Wider regulatory framework Financial crime Fraud Intelligence sharing requirements Financial stability 3 The wider picture Regulators Compliance framework Risk management Incident response 4 2

3 Who are the regulators? Central bank / prudential authority: BoE / PRA Role Regulation Conduct regulator: FCA Data protection regulator: ICO Network and information security regulator? (ENISA) Payment services regulator? (EBA, ECB) Guidance Sanctions Certificatio n 5 Compliance framework PRA: resilience focus FCA: process and controls, supply chain focus ICO: organisationl and technical measures / supply chain focus CBEST testing regime SYSC, PRIN, Listing Principles, FCA Financial Crime guide DPA, ICO guides, Cyber Essentials, ISO standards ENISA NIS in the finance sector recommendations 6 3

4 7 The PRA and compliance 7 PRA focus Cyber Resilience Effectiveness Cyber resilience questionnaire of August 2015 to be signed off at board level for the UK regulated entity Firewalls and intrusion detection systems, are no longer enough Cyber resilience is about the management rather than the elimination of cyber risk

5 Resilience assessment Governance and leadership Identify Protect Detect Respond & Recover

6 The FCA and compliance 11 FCA focus: what constitutes compliance? FCA Rules SYSC 3.2.6R, 3.2.6A Systems and controls SYSC 6.1.1R Policies and procedures SUP R, G Notification: Significant reputational adverse impact; or Firm's ability to continue to provide adequate services 12 6

7 What constitutes compliance? FCA Guidance Examples of good practice Examples of poor conduct Clear figurehead Data security is an IT issue Coordination across the business Effective incident response plan Monitors outsourcers compliance Customers are never contacted after a breach A blame culture discourages staff reporting Review staff roles regularly Keeps track of digital assets Unsure how suppliers protect customer data

8 The ICO and compliance 15 What constitutes compliance? DPA requirements 7th Principal Schedule 1 Part I Appropriate technical and organisational measures 7th Principal Interpretat ion Schedule 1 Part II State of the art security technology 7th Principal Interpretat ion Schedule 1 Part II Reasonable steps reliability of employees 16 8

9 Incident response in five steps 1. Overall impact on business 2. Containment and recovery Guidance on data security breach management Data Protection Act 3. Assessing the risks 4. Notification of breaches 5. Evaluation and response 17 Data protection reform overview Data breach notification regime Processor liability Greater accountability & sanctions

10 Notification Regime Regulatory notification Undue delay OR 72 hours High risk only breaches? Notifying customers Only where: adversely affect customer(commission / Parl) OR result in a high risk for customers (Council) Without undue delay agreed Not required where appropriate security in place Data protection reform proposed enhanced sanctions Subject access request failures: Other compliance failures 4% Depends on Size of organisation Nature, gravity, previous breaches Intentional or negligent Technical and organisational measures Co-operation with ICO

11 The NIS regulator 21 NIS Directive reform overview Article 14 Systems and controls Detect and Manage proportionate technical and organisational measures State of the art technology ensure a level of security appropriate to the risk presented Core services minimise the impact, ensure continuity

12 NIS Directive reform overview Article 14 Notification Notify without undue incidents having a significant impact on the continuity of core services Significant incidents Number of users affected Duration Geographic spread Publicity Regulator may inform the public The possibility to be heard before notifying the public 23 Conclusions Regulators Awareness of relevant regulators Understanding the compliance framework Compliance framework Clear leadership Internal regulatory compliance coordination - data protection, AML, fraud detection, others Technical compliance Risk management Due diligence Processes and controls Monitoring and management, including supply chain Testing and audits Insurance Incident response Overall impact on business Containment and recovery Notification of breaches Evaluation and response 24 12

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