What do you need to know about SEBI Cybersecurity Framework?

In today’s digital era where technology is transforming evert sector from ground up, financial markets have also seen rapid improvements which is why the Securities Exchange Board of India (SEBI), the securities market regulator, has released a comprehensive cybersecurity framework to ensure India’s the safety of investors, traders and other stakeholders alike. The introduction of the SEBI Cybersecurity and Cyber Resilience Framework underscores the regulator’s commitment to safeguarding the integrity of the financial ecosystem against cyber threats.

Who comes under the framework’s purview?

The main objective of this framework is to regulate cybersecurity measures in the financial markets which is why almost all market participants have been included in the list of regulated entities which include Alternative Investment Funds, Bankers to an Issue and Self Certified Syndicate Banks, Clearing Corporations, Collective Investment Schemes, Credit Rating Agencies, Custodians, Debenture Trustees, Depositories, Designated Depository Participants, Depositories All Investment Advisors / Research Analysts, KYC Registration Agencies, Merchant Bankers, Mutual Funds / Asset Management Companies, Portfolio Managers, Registrar to an Issue and Share Transfer Agents, Stock Brokers, Stock Exchanges, and Venture Capital Funds.

Operation Timeline

The framework follows a phased approach when it comes to implementation. The six categories of REs where cybersecurity and cyber resilience circular already exists, they have to implement this framework by January 01, 2025. Other REs where CSCRF is being issued for the first time are required to implement these guidelines by April 01, 2025.

Core Components of the Framework

  1. Governance: SEBI requires regulated entities to establish a dedicated cybersecurity and cyber resilience governance framework. Appointing a Chief Information Security Officer (CISO) who is responsible for implementing and monitoring cybersecurity measures along with regular board-level reviews are meant to ensure accountability and strategic oversight over entities’ efforts to bump up their cybersecurity efforts.
  2. Risk Assessment and Management: Financial market stakeholders are required to conduct periodic risk assessments to identify vulnerabilities and potential threats. These assessments should guide the prioritization and implementation of cybersecurity measures.
  3. Technology and Architecture Standards: The CSCRF emphasizes the adoption of robust security architecture, including encryption, multi-factor authentication, and secure network configurations. Regular updates and patches are mandated to address emerging vulnerabilities.
  4. Incident Response and Recovery: Even though cybersecurity measures might be in place, there is still a high chance of breach in increasingly digitized world which is why SEBI has mandated the entities to maintain an effective incident response plan. This plan should outline clear protocols for detecting, reporting, and mitigating cyber incidents. Regular drills and simulations are encouraged to ensure preparedness.
  5. Monitoring and Reporting: Continuous monitoring of IT systems for unusual activities is a cornerstone of the framework. Entities must report significant cyber incidents to SEBI within the stipulated timeframe and share insights to aid industry-wide learning.
  6. Third-Party Risk Management: Given the reliance on external vendors and service providers, SEBI mandates a thorough assessment of third-party cybersecurity practices. Contracts must include provisions for compliance with the framework.
  7. Capacity Building and Training: To foster a culture of cybersecurity, entities are required to conduct regular training and awareness programs for employees and stakeholders. These programs aim to reduce human error, often considered the weakest link in cybersecurity.

Challenges and Opportunities

The CSRCF is a step in the right direction. However, implementing the same poses significant challenges for newer entities emerging in the market which may include high costs, rapid technological changes, and the need for specialized talent. However, it also presents opportunities for innovation, improved trust among investors, and alignment with global cybersecurity standards.

Conclusion

The SEBI Cybersecurity and Cyber Resilience Framework is a welcome step towards bringing India on level with the global practices against emerging cyber threats. By giving priority to governance, risk management, and proactive defence mechanisms, SEBI has tried to ensure that market participants remain resilient in an increasingly digital and interconnected world.

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Akshay Garg

Mr. Akshay is a 3rd year law student at Campus Law Centre, University of Delhi. He is keenly interested in becoming a Corporate Lawyer.