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Ransomware attacks - the implications of FCA 21/3 & DORA

Considerations and solutions for regulated SME’s

A ransomware attack can have significant implications for a regulated institution when considering compliance with FCA 21/3 in the UK or DORA in the EU and particularly for regulated SME’s who do not necessarily have staff solely devoted to compliance and reporting.

Regulativ.ai –Cyber Fortress – Capability as a Service – A capability that is designed to capture the interest of SME’s and larger institutions alike. Regulativ.ai - Cyber Fortress offering delivers cost effective solutions through subscription. Regulativ.ai solutions mitigate the impact of ransomware attacks and underpin regulatory compliance and reporting. Regulated institutions need to implement robust cybersecurity measures, incident response plans, and regular, secure data backups by investing in advanced threat detection systems, employee training & testing on cybersecurity best practices, and implementing multi-layered security controls. These measures help prevent or minimise the impact of ransomware attacks. Furthermore, the Cyber Fortress offering delivered as a service, leverages Regulativ.ai's cybersecurity and data protection solutions, which ensure enhanced data resilience and compliance reporting covering the FCA 21/3 & DORA requirements.

How can a ransomware attack impact a regulated institution's compliance efforts:

Operational disruption: Ransomware attacks are designed to cause severe disruption to an institution's operations. If critical systems and data are encrypted or rendered inaccessible, how would a regulated entity meet its regulatory obligations? Compliance processes and reporting may at best be delayed and at worst compromised, leading to non-compliance with FCA 21/3 or DORA requirements.

Data breach and confidentiality: Ransomware attacks often involve the theft or exposure of sensitive data. A regulated institution is entrusted with safeguarding customer information, financial data, and other confidential details. A successful ransomware attack is likely to result in a data breach, violating the institution's obligations to protect customer privacy under FCA 21/3 and DORA. This can lead to regulatory penalties and reputational damage.

Business continuity and incident response: FCA 21/3 and DORA emphasise the importance of maintaining business continuity and implementing robust incident response capabilities. A ransomware attack is designed to disrupt. Institutions may need to halt operations or divert resources to contain and mitigate the attack. The ability to promptly respond to and recover from such incidents becomes crucial for compliance, and failure to do so may result in regulatory scrutiny and enforcement actions.

Reputation and customer trust: Ransomware attacks erode customer trust and confidence in a regulated institution. If sensitive customer information is compromised or operations are disrupted, it will likely damage the institution's reputation. FCA 21/3 and DORA emphasise the importance of maintaining market integrity and protecting consumers. Failing to prevent or effectively respond to a ransomware attack will undermine these principles.

Regulatory reporting and notifications: A ransomware attack is very likely to trigger reporting obligations, and failure to fulfil these obligations within specified timeframes will result in non-compliance. Time is short and pressure is high following an event and the institution must promptly assess the impact of the attack, notify the appropriate regulatory bodies, and provide accurate and comprehensive information as per regulatory guidelines.

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