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To print this article, all you need is to be registered or login on Mondaq.com. On April 14, 2021, the U.S. Department of Labor (DOL) released three-part guidance on cybersecurity issues for employee benefit plans, marking its first significant commentary on the issue since its comprehensive but nonbinding report in late 2016. The DOL's guidance arrives amidst an increase in high-profile lawsuits arising out of retirement plan participants' claims that plan sponsors, responsible fiduciaries, and service providers failed to adequately protect retirement accounts against...

As noted in our recent blog post, the US Department of Labor (DOL) has repeatedly signaled that it would be turning its focus toward the intersection of cybersecurity practices and ERISA’s fiduciary duties. On April 14, 2021, the DOL stopped signaling and started acting, issuing three pieces of subregulatory guidance addressing the cybersecurity practices of retirement plan sponsors, their service providers, and plan participants respectively. While this subregulatory guidance does not have the deferential authority of a regulation subject to notice and comment—or arguably even the persu...

[co-author: Kim Lee] Cybercrime increased exponentially in 2020 and into 2021, starting with the disruption caused by COVID-19 and the migration to a work from home environment. Phishing emails were up 35 times and ransom attacks were up 150 percent in 2020. Foreign state sponsored cyberattacks such as the one affecting Solar Winds, also highlighted the increased risks from vendors and suppliers. In step with this increasing threat environment, on April 14, 2021, the Department of Labor (DOL) issued for the first time cybersecurity guidance with respect to plans covered by the Employee Retire...

To embed, copy and paste the code into your website or blog: On April 14, 2021, the U.S. Department of Labor (DOL) released three-part guidance on cybersecurity issues for employee benefit plans, marking its first significant commentary on the issue since its comprehensive but nonbinding report in late 2016. The DOL’s guidance arrives amidst an increase in high-profile lawsuits arising out of retirement plan participants’ claims that plan sponsors, responsible fiduciaries, and service providers failed to adequately protect retirement accounts against cybersecurity threats. Given the incre...

The Department of Labor (DOL) has issued its first-ever guidance 1 on cybersecurity for ERISA-regulated retirement benefit plans. This guidance comes shortly after the Government Accountability Office (GAO) released a report 2 calling on the DOL to clarify how plan administrators should address cybersecurity risks for defined benefit plans. The DOL's guidance, which suggests combating cybercrime should be a priority for plan sponsors and fiduciaries, also provides tips to participants and beneficiaries on how to guard against cyber threats. The guidance has three parts: one directed at plan ...