Form 8-K (SEC)

Publicly traded corporations in the United States are required to file Form 8-K, a current report, with the U.S. Securities and Exchange Commission (SEC) within four business days of the occurrence of a specific event. This event is essential for security, cybersecurity, third-party risk management, and overall risk management. It can be any number of noteworthy events. How to do it is as follows:

Focus on Material Events:

• The SEC mandates companies to disclose "material" events in an 8-K filing. Material events could reasonably impact an investor's decision-making regarding the company's stock.

Cybersecurity Incident Reporting:

• A crucial role of the 8-K is in cybersecurity. Since July 2023, companies must disclose any cybersecurity incidents they experience in a dedicated section of the 8-K filing titled "Item 1.05 Material Cybersecurity Incidents." This section details:

• Nature and scope of the incident

• Timing of the incident

• Impact or potential impact on the company

Transparency and Risk Management:

• The SEC aims to promote transparency and enhance investor confidence by requiring prompt disclosure of cybersecurity incidents. This disclosure also allows the company to proactively manage potential risks associated with the incident, such as reputational damage or regulatory scrutiny.

Third-Party Risk Management and Supply Chain Security:

• The 8-K can also be relevant for third-party risk management and supply chain security. If a material incident occurs due to a security breach at a critical third-party vendor, the company might be required to disclose this information in an 8-K filing. This disclosure allows for:

• Identifying potential vulnerabilities in the supply chain

• Taking action to reduce the risks brought on by the compromised vendor

Risk Management Integration:

• Broader risk management frameworks can be combined with information regarding cybersecurity incidents, financial repercussions, and any legal obligations revealed in the 8-K filing. This allows one to thoroughly evaluate the entire risk landscape and make well-informed decisions about mitigation techniques.

Example:

• A company experiences a data breach caused by a ransomware attack. The attack disrupts operations and results in significant financial losses. The company must file an 8-K disclosing the incident, its impact, and the steps to address it. This disclosure would inform investors and trigger internal investigations and potentially regulatory inquiries.

The SEC Form 8-K is vital in promoting transparency and risk management regarding cybersecurity incidents, third-party dependencies, and their impact on publicly traded companies. The SEC aims to protect investors and encourage companies to adopt robust security practices by requiring timely disclosure of material events.

ThreatNG is a comprehensive cybersecurity platform that could help companies comply with SEC Form 8-K requirements and enhance their overall security posture. Here's how:

1. Identifying and Mitigating Cybersecurity Risks:

• Extensive Attack Surface Management: ThreatNG's discovery and assessment capabilities provide a holistic view of a company's external attack surface, including vulnerabilities related to BEC, phishing, ransomware, web applications, and more. This allows companies to proactively identify and address weaknesses that could lead to reportable cybersecurity incidents.

• Continuous Monitoring: By continuously monitoring the attack surface, ThreatNG can detect emerging threats and vulnerabilities in real-time, enabling companies to respond quickly and minimize the impact of potential incidents.

• Intelligence Repositories: Access to dark web data, compromised credentials, and ransomware event information helps companies understand the tactics, techniques, and procedures (TTPs) of attackers. This knowledge is crucial for proactively defending against attacks and reducing the likelihood of incidents requiring 8-K reporting.

2. Streamlining Incident Response and Reporting:

• Correlation Evidence Questionnaires: In the event of a cybersecurity incident, ThreatNG's questionnaires can facilitate efficient investigation and information gathering. This helps companies quickly determine the scope and impact of the incident, which is essential for assessing materiality and meeting the 8-K reporting deadline.

• Reporting Capabilities: ThreatNG offers various reports, including those specifically designed for U.S. SEC filings. These reports can help companies compile the necessary information and ensure compliance with SEC disclosure requirements.

• Integration with SEC Form 8-K Data: ThreatNG's intelligence repositories include SEC Form 8-K filings from other companies. This allows organizations to learn from the experiences of others, identify industry trends, and benchmark their cybersecurity practices.

3. Working with Complementary Solutions:

• Threat Intelligence Platforms (TIPs): ThreatNG can complement TIPs by providing context-specific threat intelligence related to the organization's attack surface. This enables more effective prioritization and response to threats.

• Security Information and Event Management (SIEM) Systems: ThreatNG can feed its findings into SIEM systems to enrich security event data and improve incident detection and response capabilities.

• Vulnerability Scanners: By integrating with vulnerability scanners, ThreatNG can provide a more comprehensive view of the organization's security posture, including external and internal vulnerabilities.

Example:

• Learning from Past Incidents: By analyzing SEC Form 8-K data from other companies, ThreatNG can help organizations understand common attack vectors and vulnerabilities in their industry. This knowledge can strengthen their defenses and reduce the risk of future incidents.

Specific Examples with Investigation Modules:

• Domain Intelligence: If ThreatNG discovers a subdomain takeover vulnerability through its "Subdomain Intelligence" module, it can immediately alert the security team. By correlating this with "DNS Intelligence" to identify the responsible vendor and "Certificate Intelligence" to assess the potential impact, the team can prioritize remediation and, if necessary, prepare for an 8-K disclosure.

• Sensitive Code Exposure: If the "Exposed Public Code Repositories" module finds API keys or credentials exposed on a public code repository like GitHub, ThreatNG can link this to the "Dark Web Presence" module to check if those credentials are being exploited. This allows for rapid response and potentially prevents a significant security incident requiring SEC reporting.

• Sentiment and Financials: By monitoring competitors’ or industry poeers’ "SEC Filings" and "ESG Violations", ThreatNG can provide insights into emerging risks and best practices within the industry. This information can inform the company's security strategy and ensure they are prepared to meet evolving regulatory requirements.

By leveraging ThreatNG's comprehensive capabilities and integrating them with existing security solutions, companies can significantly improve their cybersecurity posture, comply with SEC regulations, and protect their stakeholders.