• People

    Advanced Search

  • Services
  • All Services

  • Back to News & Media
    Blog

    Compliance Policies: AI Policy & Upcoming Incident Response Plan Deadline

     Download as PDF

    AI Communications and Attorney Client PrivilegePer the SEC’s 2026 examination priorities, regulators are placing a greater focus on registered investment advisers’ (“RIA”) compliance policies and procedures, making it essential for RIAs to maintain clear, well-documented and consistently followed practices. RIAs should ensure their compliance manuals are up to date with current practices, address emerging risks, and provide clear guidance for employees. This includes adopting policies where appropriate, or required, such as an artificial intelligence policy or incident response plan.

    Artificial Intelligence Policy

    RIAs that incorporate artificial intelligence (“AI”) tools into their day-to-day operations should adopt a formal AI policy that clearly outlines appropriate use of AI tools.

    AI tools are being adopted rapidly across the investment advisory industry. From productivity and search platforms like Claude, Gemini, and ChatGPT to meeting transcription tools such as Zocks, Jump, and Copilot, these technologies are transforming the way work is performed.

    While AI can enhance efficiency by supporting tasks like online research, meeting summaries, and routine workflow automation, its use also increases the importance of complying with applicable regulatory requirements. Firms must ensure the protection of client data, uphold privacy and confidentiality standards, maintain accurate books and records, and conduct proper vendor due diligence.

    Absent a formal AI policy, RIAs risk implementing AI tools without sufficient oversight or evaluation, which may result in errors, data breaches, or regulatory noncompliance.

    Incident Response Plan

    By June 3, 2026, all SEC RIAs are required to implement an incident response plan under Regulation S-P. Each RIA’s incident response plan is required to identify written procedures to:

    1. Assess the nature and scope of an incident: RIAs must evaluate the nature and scope of any incident, identify impacted systems and data, and determine which clients were affected.
    2. Contain and control the incident: RIAs should create procedures to limit and remediate incidents, such as isolating compromised systems, addressing vulnerabilities, and preventing further unauthorized access.
    3. Notify the affected individuals: RIAs are required to notify individuals whose sensitive information was, or is reasonably likely to have been, accessed or misused, unless an investigation determines there is no risk of harm.

    Further, RIAs should ensure service providers take appropriate measures to: (1) protect against unauthorized access to or use of customer information, and (2) provide notification to the covered institution as soon as possible, but no later than 72 hours after becoming aware that a breach in security has occurred resulting in unauthorized access to a customer information system maintained by the service provider.

    Stark & Stark’s Investment Management and Securities team remains available to assist firms with drafting and adopting an AI Policy, Incident Response Plan, and compliance manual updates.

    Key Contacts

    Mittal Patel
    609.945.7639

    Firm Highlights

    Bruce H. Stern, Esq. Secures $5.5 Million Settlement for Traumatic Brain Injury Victim

    Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm’s Accident...

    “Best Law Firms” 2027 List Issued by Best Lawyers Recognizes Stark & Stark PC

    We are proud to announce that the firm has been included in the 2027 Edition of Best Lawyers “Best Law Firms®” list, earning 11 regional...

    Bruce H. Stern, Esq. Secures $950,000 Settlement for Traumatic Brain Injury Client

    Stark & Stark is pleased to announce that Shareholder Bruce H. Stern, Esq., Certified Civil Trial Attorney and member of the firm's Accident...

    Evan J. Lide, Esq. Secures $2.15 Million Wrongful Death Settlement

    Stark & Stark is pleased to announce that Shareholder Evan J. Lide, Esq. recently secured a $2,150,000 settlement on behalf of the family of a...

    Evan J. Lide, Esq. and J. Robert Bratman, Esq. Secure $1,250,000 Settlement for Injured Bicyclist Hit by Commercial Vehicle

    Stark & Stark is pleased to announce that Shareholders Evan J. Lide, Esq. and J. Robert Bratman, Esq., both Certified Civil Trial Attorneys and...

    Stark & Stark Attorneys Recognized as New Jersey “Super Lawyers” and “Rising Stars” in 2027

    Stark & Stark is pleased to announce that 16 of its attorneys have been selected for inclusion in the list of 2027 New Jersey Super Lawyers,...

    8 Ways to Support a Loved One Living With Dementia

    If someone you love is living with Alzheimer's or another form of dementia, you already know how much the small moments matter. How you greet them,...

    Stark & Stark’s Chinsu Shajan, Esq. Receives Mercer County Bar Association Rising Leader Award

    Stark & Stark is proud to announce that Chinsu Shajan, Esq., a Shareholder in the Firm’s Accident & Personal Injury Group, was honored by...

    Michael H. Foster, Esq. and Stephen M. Di Stefano, Esq. Secure $5.5 Million Settlement for Victim of Motor Vehicle Crash

    Stark & Stark is pleased to announce that Michael H. Foster, Esq. and Stephen M. Di Stefano, Esq., both Certified Civil Trial Attorneys and...

    Stark & Stark Welcomes Nicholas Giaquinto

    Stark & Stark is pleased to welcome Nicholas Giaquinto as a Law Clerk in the firm’s Banking & Financial Services Group and Commercial...

    Stark & Stark Welcomes New Associate Michael Diaz, Esq.

    Stark & Stark is pleased to welcome Michael Diaz, Esq. as a new Associate in the firm's Accident & Personal Injury Group.  Before joining...

    Stark & Stark Welcomes New Associate Alex Miller, Esq.

    Stark & Stark is pleased to welcome Alex Miller, Esq. as a new Associate in the firm's Accident & Personal Injury Group, where he will...