On May 21, 2024, U.S. Securities and Exchange Commission Director of the Division of Corporation Finance Erik Gerding issued a statement clarifying when the SEC expects companies to disclose a cyber incident. This clarification helps guide public companies who wish to disclose a cyber incident but who have not yet determined if the incident is material to file under Item 8.01 for voluntary disclosures, instead of Item 1.05, which applies only to material cybersecurity incidents.
SEC Clarifies Confusion Concerning Cybersecurity Incident Reporting
