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    FED Maintains CCyB at Zero, Proposes Incident Reporting Requirements

    December 18, 2020

    FED decided to affirm the countercyclical capital buffer (CCyB) rate at the current level of 0%, based on its policy statement that sets out the framework for setting CCyB for private-sector credit exposures in the United States. If FED decides to modify the CCyB rate in the future, banking organizations would have 12 months before the increase would become effective, unless FED establishes an earlier effective date. Additionally, US Agencies (FDIC, FED, and OCC) proposed requirements for supervised banking organizations and their service providers to promptly notify their primary federal regulator in the event of a computer security incident. Comments on the proposal must be received within 90 days of its publication in the Federal Register.

    The proposed rule would define a computer-security incident as an occurrence that results in actual or potential harm to the confidentiality, integrity, or availability of an information system or the information the system processes, stores, or transmits; or constitutes a violation or imminent threat of violation of security policies, security procedures, or acceptable use policies. The proposed rule would establish two primary requirements:

    • A banking organization would be required to notify its primary federal regulator of any computer security incident that rises to the level of a notification incident as soon as possible and no later than 36 hours after the banking organization believes in good faith that a notification incident has occurred. 
    • Bank service provider of a service described under Bank Service Company Act (BSCA) to notify at least two individuals at affected banking organization customers immediately after experiencing a computer-security incident that it believes in good faith could disrupt, degrade, or impair services provided subject to BSCA for four or more hours. The impact of computer-security incidents at bank service providers can flow through to their banking organization customers. Therefore, for a banking organization to be able to provide relevant notifications to its primary federal regulator in a timely manner, it needs to receive prompt notification of computer-security incidents from its service providers.

     

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    Comment Due Date: FR+90 Days

    Keywords: Americas, US, Banking, Cyber Risk, CCyB, Regulatory Capital, Basel, Bank Service Company Act, Operational Risk, Macro-Prudential Policy, Incident Reporting, US Agencies

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