While the COVID-19 pandemic certainly isn’t over, financial institutions have learned valuable lessons so far. In retrospect, the pandemic’s impact on community banks and credit unions hasn’t been as catastrophic as examiners had initially feared—at least not financially. Key impacts have been mostly operational, involving risk related to temporary measures taken to weather the crisis. For instance, examiners will want to know what modifications institutions have made to their operational processes to accommodate an increasingly mobile customer and member base and remote employees, and whether they accounted for additional fraud, cyber threats, or other risks as a consequence. If institutions implemented new products or services, they would need to also account for the operational risk associated with these changes—especially if additional third-party providers were involved. That said, throughout the pandemic, the overall industry demonstrated a very high level of resilience.
In addition to the post-Pandemic lessons, there are other important compliance trends and new regulatory guidance that institutions should anticipate as we approach the rest of the year:
Emphasis on Ransomware Cybersecurity
Recently, ransomware cybersecurity has been a key area of focus for regulators, and given the recent high-profile cyber events affecting the industry, their scrutiny will likely ramp up going forward. This will be reflected, in part, by the number of (and types of) assessments that they may expect financial institutions to perform on an annual basis, including the familiar Cybersecurity Assessment Tool (CAT) and newer, non-compulsory Ransomware Self-Assessment Tool (R-SAT) developed partly by the State regulatory bodies.
In addition, at the federal level, the Cybersecurity and Infrastructure Security Agency (CISA) has recently developed its Cyber Security Evaluation Tool. This tool is not specific to the financial industry but rather designed to apply to multiple industries. And the National Credit Union Association (NCUA) decided earlier this year to move away from using its version of the CAT, known as the Automated Cybersecurity Evaluation Toolbox (ACET). It’s now prioritizing a modified InTREx for Credit Unions (InTREx-CU), which is designed to enable credit unions to identify and remediate potential high-risk areas, including within the cybersecurity controls domain.
Changes with Cyber Insurance
Major shifts are also happening with cyber insurance. Because of excessive losses by the insurance industry, there will very likely be increased deductibles, increased exclusions, and decreased limits for covering cyber losses. Cyber insurance coverage—which is not an absolute requirement by regulatory agencies—is going to be more difficult and expensive to obtain. So, the lesson is: As insurance policies come due, don’t automatically renew before you assess what has changed in terms of the coverages, exclusions, and limitations, and make sure you’ve documented your cost-benefit decision.
New Guidance on Architecture, Infrastructure, and Operations
In June, the FFIEC released a new Architecture, Infrastructure, and Operations booklet in its Information Technology Examination Handbook series. The updated guidance, which replaces the “Operations” booklet issued in July 2004, acknowledges the inextricable link between an institution’s operations, architecture, and infrastructure. Or as a recent FFIEC press release states:
The booklet provides a fresh take on several concepts: It recognizes different treatments for smaller or less complex institutions and adopts a different approach to data classification by factoring in value with criticality and sensitivity. All entities—not just credit unions and banks but also non-financial, third-party service providers—are expected to adhere to the guidance.
In addition, there are also pending new rules for incident notifications for banks, service providers, and core providers, which isn’t surprising with all the recent cybersecurity attacks. Finally, examiners are also expecting more detailed board reporting, such as showing how an institution’s business continuity management plan, business strategy, and risk appetite are all aligned.
For more information about the latest expectations, compliance trends, and regulatory guidance, listen to our “2021 Hot Topics in Compliance: Mid-Year Update” webinar.
