Navigating the Changing Landscape of Cybersecurity Regulations

Michael McLaughlin, Co-Leader, Cybersecurity and Data Privacy Practice Group, Buchanan Ingersoll & Rooney

December 4, 2024

4 Min Read

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COMMENTARY

In 2024, the cybersecurity regulatory landscape underwent significant changes, as major economies worldwide introduced new rules to combat increasingly sophisticated cyber threats, such as advanced ransomware and AI-driven attacks. For businesses, navigating this evolving landscape is not merely a compliance issue but a strategic imperative that demands careful attention and adaptation.

Understanding the Current Regulatory Landscape

In the United States, the cybersecurity regulatory framework has evolved to address the growing complexity of cyber threats. This framework consists of a combination of federal laws, agency regulations, and state-specific requirements, each targeting different aspects of cybersecurity and data protection. At the federal level, the National Cybersecurity Strategy outlines a comprehensive approach, emphasizing the redistribution of cybersecurity responsibilities from individuals and small businesses to larger organizations with more resources.

Several key regulations shape the landscape. The Cyber Incident Reporting for Critical Infrastructure Act (CIRCIA) mandates that critical infrastructure entities report significant cyber incidents to the Cybersecurity and Infrastructure Security Agency (CISA) within 72 hours of discovery, enhancing the federal government’s ability to respond to these threats. The Securities and Exchange Commission (SEC) has implemented rules requiring publicly traded companies to disclose material cybersecurity risks and incidents promptly, ensuring investors receive timely information. The Health Infrastructure Security and Accountability Act (HISAA) proposes mandatory cybersecurity standards for healthcare organizations, focusing on electronic protected health information (e-PHI) and system resilience. State breach notification laws further add complexity, requiring organizations to notify affected individuals and state authorities following a data breach, with varying requirements across states.

Increasing Cybersecurity Budgets and Strategies

In response to heightened regulatory demands and sophisticated cyber threats, organizations are significantly increasing their cybersecurity budgets. While awareness of cyber-risks is widespread, many companies still face gaps in implementation and preparedness. The rise of ransomware-as-a-service and other complex attack vectors has prompted businesses to invest in robust cybersecurity infrastructure, including advanced threat detection systems, multifactor authentication, enhanced incident response capabilities, and zero-trust architectures. By integrating cybersecurity as a core business function, organizations can better protect their digital assets and maintain operational resilience.

Furthermore, businesses are recognizing the importance of C-suite collaboration in cybersecurity initiatives. Chief information security officers (CISOs) are increasingly involved in strategic planning and board reporting, ensuring that cybersecurity considerations are integrated into broader business strategies. This alignment is crucial for developing comprehensive cybersecurity strategies that are informed by regulatory requirements and industry best practices.

Expectations for the Legal Landscape in Cybersecurity

The legal landscape for cybersecurity is poised for continued evolution, with increasing emphasis on transparency, accountability, and compliance. The Supreme Court’s overturning of the Chevron deference in Loper Bright Enterprises v. Raimondo grants courts greater authority to interpret laws, potentially leading to more challenges against agency regulations, including cybersecurity rules. This landmark decision is likely to result in more prescriptive language in federal legislation regarding agency authorities.

This shift underscores the need for businesses to stay informed about legal developments and adapt their compliance strategies accordingly. Organizations must be prepared to navigate a more dynamic regulatory environment, where judicial scrutiny may alter the consistency and scope of regulatory guidance. Legal frameworks will increasingly focus on ensuring that businesses not only comply with existing regulations but also demonstrate proactive measures to mitigate cyber-risks, including adopting best practices for data protection, incident reporting, and risk management.

Insights From Government and Federal Roles

In the United States, public-private partnerships play a crucial role in securing the digital ecosystem and enhancing cybersecurity. Timely dissemination of threat intelligence by the government enables organizations to quickly update security protocols and deploy countermeasures, thereby protecting sensitive data and infrastructure from breaches. In the military context, such intelligence is vital for both defensive and offensive operations, ensuring the protection of networks and supporting strategic cyber operations against adversaries.

Intelligence sharing also underpins effective legal and diplomatic responses to cyber threats. It provides law enforcement agencies with the evidence needed to indict cybercriminals, serving as a deterrent to future attacks. By presenting clear evidence of malicious activities, nations can engage in diplomatic negotiations to resolve cyber conflicts. Economic sanctions, informed by shared intelligence, can target entities or individuals involved in cyberattacks, applying economic pressure to curtail state-sponsored cyber behavior.

Preparing for a Cyber-Secure Future

To effectively navigate the cybersecurity regulatory landscape, businesses must prioritize cybersecurity as a strategic business function. This involves aligning cybersecurity initiatives with business objectives, understanding regulatory and statutory requirements, and demonstrating the return on investment in cybersecurity measures.

Organizations should leverage industry benchmarks to assess their cybersecurity posture and identify areas for improvement. Moreover, businesses must remain vigilant to the evolving threat landscape and continuously update their cybersecurity strategies to address emerging risks. This includes investing in advanced technologies, conducting regular risk assessments, and fostering a culture of cybersecurity awareness across the organization.

Conclusion

The evolving regulatory environment presents both challenges and opportunities for businesses. By investing in robust cybersecurity measures and aligning them with business objectives, ensuring effective incident response plans are in place and regularly exercised, and continuously keeping pace with industry-specific threats, organizations can build a resilient digital future that is prepared to withstand the challenges of an ever-changing cyber landscape.

About the Author

Co-Leader, Cybersecurity and Data Privacy Practice Group, Buchanan Ingersoll & Rooney

Michael McLaughlin is the Cybersecurity and Data Privacy Practice Group co-leader at Buchanan, Ingersoll & Rooney, a leading national law firm, where he helps clients navigate the complexities of cybersecurity, data privacy, and the related regulatory landscape. Previously, Michael served in the United States Navy as a Naval Intelligence Officer, and has held multiple postings worldwide, including senior counterintelligence adviser for United States Cyber Command and chief of counterintelligence and human intelligence for the Cyber National Mission Force, where he directed all counterintelligence, human intelligence, and law enforcement operations, investigations, and support to the Department of Defense’s global cyberspace operations.