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Financial Services Law Insights and Observations

NYDFS Cyber Security Report Shows Vulnerabilities in Banks' Third-Party Vendors

Vendors Privacy/Cyber Risk & Data Security NYDFS

Privacy, Cyber Risk & Data Security

On April 9, the NYDFS released a report finding potential cyber security vulnerabilities with banks’ third-party vendors, based on a survey of 40 banking organizations regarding the cyber security standards in place for their vendors. Notable findings from the report include (i) nearly one in three banks surveyed currently do not require third-party vendors to notify them in the event of an information security breach or other cyber security breach; (ii) less than half of the banks conduct any on-site security assessments of their third-party vendors; (iii) about one in five of the banks surveyed do not require third-party vendors to represent that they have established minimum information security requirements; (iv) only one-third of the banks require information security requirements to be extended to subcontractors of the third-party vendors; and (v) nearly half of the banks do not require a warranty of the integrity of the third-party vendor’s data or products. According to the press release, NYDFS plans to strengthen cyber security standards for banks’ third-party vendors through regulations, including addressing the representations and warranties banks receive about cyber security protections in place.