United States:
SIFMA Challenges CAT Proposal
01 February 2021
Cadwalader, Wickersham & Taft LLP
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SIFMA submitted a comment letter criticizing proposed amendments to the National Market
System Plan Governing the Consolidated Audit Trail
("CAT"), which, among other things, provides for
liability to industry members reporting to the CAT relating to
system breaches or misuse.
SIFMA stated that the limitation of liability would
"force" industry members to "absorb contractually
all of the risk associated with meeting their regulatory
requirements," and "entirely excuse" CAT LLC and the
self-regulatory organizations, which control and manage CAT data.
SIFMA outlined its view that the proposal is (i) inconsistent with
good public policy and industry standards, (ii) unnecessary for the
financial stability of the CAT, and (iii) burdensome to industry
members who would effectively have to pay for overlapping insurance
policies regarding the same "core risks relating to CAT data
security."
Primary Sources
- SIFMA Press Release: SIFMA Opposes Proposal to
Shift CAT Data Breach Liability Away from SROs
- SIFMA Comment Letter: File No. 4-698; Joint
Industry Plan; Notice of Filing of Amendment to the National Market
System Plan Governing the Consolidated Audit Trail by the Plan
Participants - Comment Letter of the Securities Industry and
Financial ...
- SEC Notice of Filing of Amendment to the National
Market System Plan Governing the Consolidated Audit Trail by BOX
Exchange LLC; Cboe BYX Exchange, Inc., Cboe BZX Exchange, Inc.,
Cboe EDGA Exchange, Inc., Cboe EDGX Exchange, Inc.
...
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