Definition of Cyber Liability

Cyber liability (or, cyberliability) is a reference to Internet-based risks and those relating to information technology infrastructure and activities. Such are typically excluded from traditional commercial general liability policies. Coverages under cyberinsurance policies may include first-party coverage against losses such as data destruction, extortion, theft, hacking, and denial of service attacks; liability coverage indemnifying companies for losses to others caused, for example, by errors and omissions, failure to safeguard data, or defamation; and other benefits including regular security audits, post-incident public relations and investigative expenses, and criminal reward funds. (Adapted from White House report)

Lawsuits over cyber issues have increased significantly, both due to increasing cyber crime and regulations requiring the disclosure of events, such as SEC guidance and state reps covering the loss of PPI (protected personal information). Companies that disclose loss of PPI are often subjected to suits.

More and more businesses are purchasing insurance to cover potential cyber liability. If you don't know whether your business has cyber liability insurance, it probably doesn't. Most policies written in past years do not include cyber liability insurance.

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Saturday, January 7, 2023

Biden Admin Proposal Heralds Potential Change in 3rd Party Cyber Liability

"It what may well be regarded as the single most innovative part of the just-previewed Biden cybersecurity strategy, the president has proposed to shift liability for insecure software products and services to “those entities that fail to take reasonable precautions to secure their software.” This is truly revolutionary. It is risky. It is ambitious. It is new and different:" Lawfare

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