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Network security and privacy liability

Its 6 cross-references, woven across the glossary's 18 categories

The third-party cover of the cyber policy that responds to claims by persons harmed by the insured's security failure or data protection breach, together with defense costs.

Definition

Network security and privacy liability cover responds to the financial consequences of claims brought against the insured by third parties who believe they were harmed by a security incident. It combines two triggers. A security failure, when the insured's systems transmitted malware, served as a relay for an attack or prevented a customer from accessing its own data. And a privacy breach, when personal or confidential data held by the insured was disclosed, lost or processed in violation of regulations. The cover pays defense costs, either on top of or within the limit depending on wording, damages, settlements, and sometimes representation costs before a supervisory authority. It is generally written on a claims-made basis, which makes it a long-tail cover: an incident in one year turns into class actions several years later. Underwriting focuses on the volume and sensitivity of data held and on the jurisdiction of the people concerned, since class action risk is on an entirely different scale in the United States.

Example

After the 2017 Equifax data breach, which exposed the personal information of about 147 million people, the company reached a settlement in July 2019 with US federal authorities and states worth up to 700 million dollars, much of it to compensate the people affected.

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