Understanding data breach and cyber liability coverage (2024)

Data risks are not just for big businesses. Virtually all companies are at risk — including yours.

When you hear about data breaches, it's likely that you think of tech companies or a hack at a major retailer that you read about in the headlines. But the fact is, it's not the sort of thing that only happens to tech companies or larger businesses or organizations. In fact, according to a report from the U.S. Department of Homeland Security, manufacturing is the industry with the second highest number of reported cyberattacks.

Want to understand your risk? Ask yourself:

  • Do you store, own or have access to data?
  • What kind of data is it?
  • How many data records do you have?

The impact of a data breach incident can be extraordinarily costly for businesses without the right protection:

  • $8.19 million– average total cost of a data breach (U.S. average)
  • $1.42 million– average cost of lost business due to a data breach
  • 25,575 records– average size of a breach
  • $242– cost per lost record
  • 245 days– time to identify and contain a breach

What type of data is at risk?

A data breach is an incident in which unauthorized individuals gain access to sensitive, protected, or confidential data. Data breaches may involve a wide range of information, but the data in question often falls into one of two categories:

  • Personal information − such as names, emails, date of birth, street addresses, social security numbers, or phone numbers.
  • Financial information − data from business transactions including credit card or bank account information.
  • If you store these types of data or transact business electronically, you are at risk.

What can happen?

Think about a manufacturing company, professional service firm, retail store or wholesaler. All of these businesses have one thing in common — they have employees' and customers' personal and financial files that could be exposed.

What if...

  • An employee loses a laptop with sensitive information?
  • A rogue employee steals information?
  • Sensitive information is improperly discarded?
  • A credit card system is compromised?
  • A firewall fails and hackers access sensitive information?

All of these could happen to any business at any time. Would yours be prepared?

Being proactive is key

"Data is one of the most valuable assets your company has — and one of the most vulnerable. Increasingly, hackers and malicious threats are targeting smaller businesses because they think they aren't paying attention. It is crucial to have plans in place to keep your data safe at every touch point, protect your systems, monitor for intrusions and be ready to mitigate a breach."

— Eric Cernak, vice president of cyber practice at The Hanover

Tailored cyber protection

Cyber coverage offers protection from threats posed by cyberattacks and data breaches — including losses to a company's finances, reputation and operational capabilities.

Data breach coverage

This coverage helps protect your business from the direct costs faced when a data breach occurs, such as notification, credit monitoring, cyber investigation and public relations expenses. Coverage highlights include:

  • Data breach expense coverage for:
    • Notification, forensic analysis and credit monitoring services expenses
    • Breach restoration for costs of labor to re-create or copy lost or stolen data
    • Cyber business interruption and extra expenses incurred due to a breach
  • Additional expense coverage for:
    • Legal services, public relations and third-party data breach
    • Data breach reward to pay informants who provide information leading to the capture and conviction of a “hacker”
    • Data breach investigation expenses resulting from a regulatory investigation
    • Cyber theft for loss from transferring, paying or delivering funds due to fraudulent input of data in your system
  • Data breach services, including fraud alert, help line, identity restoration and consulting services

Cyber liability coverage

This protection covers costs that stem from a lawsuit against a business, alleging financial damage as a result of a data breach. These lawsuits may be the result of identity theft or compromised financial information that results in loss for customers.

Coverage highlights include:

  • Privacy and security liability for third-party claims arising out of a privacy breach or security breach, including loss or theft of private personal data or failure of your client's system
  • Cyber media liability addresses third-party claims arising out of an electronic media breach such as infringement, trademark, plagiarism, invasion of privacy, defamation, libel and slander resulting from cyber content

Cyber privacy and security coverage

This coverage combines protection for expenses that businesses pay in an effort to manage the fallout from a data breach with coverage for costs that stem from a lawsuit against a business.Coverage is offered as part of a convenient suite of management liability products for seamless protection.

How to recover from a breach

  • Expert forensic analysis can help your company understand how a breach occurred, determine the extent of the breach, and highlight vulnerabilities. Data breach coverage often covers these costs.
  • Each state has its own breach notification requirements. Data breach coverage includes the cost to notify affected parties, credit monitoring services, and, when necessary, monetary assistance to develop a public relations response.
  • Partner with a third-party IT company to ensure your data is secure. Develop a plan to prevent and respond to incidents.
  • You've successfully managed this breach. But, if any of your customers are faced with financial loss due to this breach, your cyber liability coverage can protect you from related lawsuits.

Sources

  • 2019 Ponemon Institute Cost of a Data Breach Study
  • Human error cited as leading contributor to breaches, study shows. SC Magazine.
  • Cost of Data Breach Study, IBM, 2016
  • Small Businesses: The cost of data breach is higher than you think, First Data, 2014
  • Internet privacy in the digital age, Champlain College
  • Cybercrime and hacking are even bigger worries for small business owners, The Guardian (U.S. edition), January 21, 2015
Understanding data breach and cyber liability coverage (2024)

FAQs

What is cyber liability and data breach response coverage? ›

This coverage helps protect your business from the direct costs faced when a data breach occurs, such as notification, credit monitoring, cyber investigation and public relations expenses.

What is data breach defense and liability coverage? ›

Data breach insurance helps your business respond to breaches and can offer enough protection for small business owners. Cyber liability insurance is typically meant for larger businesses and offers more coverage to help prepare for, respond to and recover from cyberattacks.

How do you explain cyber coverage? ›

This coverage protects companies for liability to others and reimburses companies for expenses related to a data breach, which could include legal counsel and defense, a digital forensics team, notification costs, crisis communications and setting up a call center and credit monitoring for those affected by the data ...

What does a cyber liability insurance policy cover? ›

A cyber insurance policy helps an organization pay for any financial losses they may incur in the event of a cyberattack or data breach. It also helps them cover any costs related to the remediation process, such as paying for the investigation, crisis communication, legal services, and refunds to customers.

How important is cyber liability insurance? ›

At a minimum, cyber liability insurance helps companies comply with state regulations that require a business to notify customers of a data breach involving personally identifiable information. Policies can also cover: Indemnification for legal fees and expenses. Customer notifications in the event of a breach.

What are the three 3 kinds of data breach? ›

The most common types of data breaches are: Ransomware. Phishing. Malware.

What is a real life example of a data breach? ›

Equifax: A server exploit led to a breach of credit reports from over 140 million people. The breach took a few months to identify and shut down. Equifax eventually settled with the FTC on a fine of $575 million. Yahoo: Yahoo has the unfortunate distinction of falling victim to two of the largest known data breaches.

What is data breach in simple words? ›

A data breach is an incident where information is stolen or taken from a system without the knowledge or authorization of the system's owner. A small company or large organization may suffer a data breach.

What does cyber insurance not cover? ›

Loss of value through intellectual property (IP) theft

Often, they won't recognize IP theft until long after an incident (for example, when a competitor takes a new product to market). Nevertheless, devaluation due to IP theft is a loss most cyber policies don't cover.

Are data breach and cyber the same? ›

Target: Cyber attacks can target any system, network, or device connected to the internet, including servers, computers, and mobile devices. On the other hand, data breaches generally target specific businesses or organizations that hold sensitive data or information.

Who is liable for cyber breach? ›

State and federal data privacy laws in the U.S. do not impose civil liabilities in the event of a cyber intrusion. Typically, liability is imposed if the following conditions exist: An entity failed to implement safeguards required by statute or reasonable security measures.

What is an example of a cyber insurance claim? ›

A firm's employee unwittingly clicks a link in a phishing email resulting in ransomware locking out the firm's ability to utilize business critical technology until a ransom demand is paid (or they're able to restore network from back-ups).

Are cyber liability claims made? ›

However, many other types of business insurance policies are usually claims-made. For instance, errors and omissions, professional liability, directors and officers liability, employment practices liability and cyber coverage are typically claims-made policies.

What is the difference between crime and cyber coverage? ›

Still, these distinctions draw the line between the two: Crime insurance responds to direct losses, whereas cyber liability insurance deals with indirect losses. Crime insurance covers tangible losses; however, cyber liability insurance addresses intangible losses.

What is data breach response policy? ›

A data breach response plan, also known as a data breach response policy, security breach response plan or a cyber incident response plan, helps businesses appropriately respond to a cybersecurity attack by providing the necessary steps to respond in a straightforward, documented manner.

What is cyber incident and breach response? ›

Perform urgent incident response actions

At this time, the person who discovered the breach must immediately notify the appropriate parties within the organization. Security officers should also restrict access to compromised information to prevent the further spread of leaked data.

What is cyber incident response insurance? ›

Cyber insurance, sometimes referred to as cyber liability insurance or cyber risk insurance, is a type of insurance that transfers a policyholder's financial liability to cybersecurity and privacy events such as cyberattacks, data breaches, and acts of cyberterrorism, or regulatory violations.

What insurance coverage apply to data breaches? ›

First-party cyber liability insurance can cover many of the costs you'd have to pay if a breach occurred on your network. If your own data is compromised, this policy can help pay for: Customer notification. Security experts to investigate the breach.

References

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