Davidson & Company CFO Series XIII: Cybersecurity Network, Data Security & Privacy Liability Insurance

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Davidson & Company CFO Series XIII: Cybersecurity Network, Data Security & Privacy Liability Insurance Prepared by Aon Risk Solutions Aon Cyber and Privacy Practice (ACAPP) Cyber Risk Factors A high degree
Davidson & Company CFO Series XIII: Cybersecurity Network, Data Security & Privacy Liability Insurance Prepared by Aon Risk Solutions Aon Cyber and Privacy Practice (ACAPP) Cyber Risk Factors A high degree of dependency on electronic processes and computer networks Large volumes of private personal and/or confidential corporate information collected, maintained, disseminated or stored (clients, employees, business partners, contractors) Potential vulnerability to reputational harm Employees; potential for human error and/or malicious acts Increasing business-related online and social media activity Exposure to vicarious liability relating to third party service providers, business partners, vendors Subject to regulatory statutes/oversight in Canada, U.S. and other jurisdictions PCI (Plastic Card Industry) fines and assessments Potential for cyber-related Property & Business Interruption loss Vulnerability to cyber-extortion Critical Infrastructure / Industrial Control Systems potentially at risk from a cyber-event Proprietary and Confidential 2 To Insure, or to Self-Insure Cyber Risk? There are many factors to consider in answering this question, among them: Your organization s level of risk tolerance/appetite for retaining risk The extent of in-house resources available to establish and execute Incident Response Plans (Risk Management, Legal, Compliance, Information Security, I.T.) The volume of private records your organization holds, and the potential cost of notification to and credit/identity theft monitoring services for affected customers, employees or business partners Your industry s attractiveness as a target The extent to which your organization might be exposed to liability or loss arising out of the use of third-party service providers Your organization s potential exposure to infrastructure damage / business interruption losses arising from a cyber-event (this is an evolving area where insurance response is concerned) Proprietary and Confidential 3 What Does a Cyber Risk Policy Look Like? First Party Loss Third Party Claims Business interruption (loss of income and extra expenses) Defamation claims Damage to digital assets Trademark/copyright infringement Notification costs (mandatory or elective) Privacy injury/dissemination of confidential information claims Forensic investigation costs Damage to third-party systems Cyber Extortion Legal defence costs Crisis Event/P.R./Legal expenses Privacy breach regulatory investigation/proceedings costs Credit/Identity Theft Monitoring for affected parties Privacy regulatory fines and penalties Proprietary and Confidential 4 Why Aren t Traditional Insurance Policies Enough? Property insurance policies cover tangible property which data isn t Business Interruption cover responds only when insured property has been physically damaged by an insured peril General liability policies speak to bodily injury/property damage risk, and do not contemplate claims brought by employees Crime/Employee Dishonesty policies have no liability component D&O Liability policies might partially respond depending on circumstance, but much depends on the nature and target of the allegations Professional Liability policies might partially respond, but will only address third-party loss arising from allegations of professional negligence Conventional insurance policies contain terrorism exclusions K&R policies don t provide fulsome (or any) coverage for cyber-extortion None of these policies address first-party expenses; forensic investigation costs, notification/credit monitoring costs, legal/crisis response/public relations expenses, privacy regulatory investigation costs/penalties, cyber-related business interruption, damage to digital assets Proprietary and Confidential 5 Privacy Risk Exposures Customer/Employee Data Credit/debit card information Bank account information Credit reports Employee medical records Social Insurance numbers Personnel files Student transcripts Payroll Information Motor vehicle abstracts Mortgage insurance records Employment contracts Corporate Information Client/investor lists Compliance reports and data Litigation records Merger/acquisition plans Marketing/advertising plans Corporate contracts New product development plans Security assessments Network architecture details Business continuity plans Restructuring/hiring/lay-off plans Proprietary and Confidential 6 Can t We Transfer Cyber-risk to External Service Providers? Third-party service providers (e.g. payment processors, cloud storage providers, I.T. consulting firms) typically contractually limit their liability, and they rarely indemnify their customers; this can result in significant exposure to their customer in terms of potential financial and reputational loss In limited circumstances where contractual indemnities are forthcoming, the service provider s ability to honour the indemnity should be assessed; many do not carry Professional Liability/Cyber-risk insurance themselves, and/or are unlikely to have the financial resources to fulfill their indemnity obligations You can contractually request that service providers carry Technology Errors & Omissions/Cyber-risk coverage, but their policy(s) are highly unlikely to directly address your organization s legal costs or third-party/first-party damages Where protection of brand reputation is concerned, reliance on a third party contractor s resources and decisions would be undesirable for most organizations Proprietary and Confidential 7 Won t Our I.T./Information Security Controls Protect Us? Not all Privacy/Data and Media/Content risk exposures relate to hacking or electronic exploits The majority of privacy breach and network security incidents are attributable to employees, not to outsiders Human error is a huge risk; lost paper files/laptops/usb sticks, misdirected s, falling for phishing attempts Loss arising from the actions of rogue employees (whether acting alone or in collusion with outsiders) is a significant risk exposure, particularly if that employee(s) is familiar with your organization s systems and controls The bad guys on the outside keep getting smarter, particularly where cyberextortion is concerned Proprietary and Confidential 8 Dave Proprietary and Confidential 9 Cyber-risk Coverage Checklist Cyber-risk policy offerings and wordings vary greatly from insurer to insurer. A few things to look for when reviewing your existing policy or shopping for coverage: Does the Crisis Response coverage module response to voluntary notification to affected parties, or only to notification mandated by legislation/statute? Is there a Retroactive Date on your policy? This can be problematic in the context of a persistent threat that was undetected at the time of binding cover. Are there sub-limits associated with certain sections of your policy? With some isolated exceptions, full policy limits should be provided across all insuring agreements. Does the Media/Content Injury coverage module restrict cover to website content only, or has it been expanded to include all modes of information dissemination including social media? Is there clear, affirmative cover for vicarious liability arising from your organization s use of external service providers? Does the policy clearly detail incident response reporting coordinates? Proprietary and Confidential 10 For More Information Sandy Treleaven Vice President Aon Risk Solutions Financial Institutions & Cyber Practice t https://www.aoncyberdiagnostic.com Andrew Russell Senior Vice President Aon Risk Solutions Vancouver Branch, Mining Practice Leader t Tim Snyders Vice President and Account Executive Aon Risk Solutions t Proprietary and Confidential 11 Questions/Thank you Important: This report contains proprietary and original material which, if released, could be harmful to the competitive position of Aon Reed Stenhouse Inc. Accordingly, this document may not be copied or released to third parties without Aon s consent.
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