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? ›

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.

What is the limit for cyber liability coverage? ›

Cyber liability coverage limits typically range between $500,000 and $5 million per occurrence. The deductible is the amount of loss that your business is responsible for in the event of a cyberattack that is covered by your policy.

What does cyber liability insurance provide legal liability coverage resulting from? ›

Errors and Omissions liability - cyber policies will provide third-party protection for claims arising from a security failure, data breach and/or privacy liability.

Who is liable when a data breach occurs? ›

It is possible for a company to be held liable when the customer data stored within is hacked by an outside source. Even though the business has become the victim of a crime, it may still be accountable for the incident. This is due to the ability of the company to secure the information.

What is the difference between cyber and data breach? ›

The terms "data breach" and "breach" are often used interchangeably with "cyberattack." However, not all cyberattacks are data breaches. Data breaches include only those security breaches where someone gains unauthorized access to data.

Does my company need cyber liability insurance? ›

All Businesses Need Cyber Liability Insurance

Small businesses are often very cost-conscious, investing into their company, their employees and their products. While they focus on growing their business and generating revenue, they can overlook a critical component to long-term success – cyber security.

What type of coverage form is cyber liability? ›

Cyber liability insurance is an insurance policy that provides businesses with a combination of coverage options to help protect the company from data breaches and other cybersecurity issues. It's not a question of if your organization will suffer a breach but when.

Does cyber insurance cover theft? ›

What does it cover? Personal cyber insurance can cover most forms of cyber attacks, such as theft through a network, computer or digital device and having digital property destroyed, altered or shared.

Why purchase cyber liability insurance? ›

Crucially, a cyber liability policy protects your business beyond the basics of a general liability policy, which on its own typically does not protect against the operational, legal, and other costs arising from cyberattacks and data breaches.

What are the two types of cyber insurance? ›

First-party coverage — the insurer pays the organization's expenses incurred directly due to a security breach. Third-party coverage — this policy covers damages or settlements the organization must pay due to suits or claims for injuries resulting from the organization's actions or failure to take action.

Does cyber liability cover bodily injury? ›

Bodily injury and property damage – This coverage, standard under a commercial general liability policy, is excluded in cyber insurance as a person cannot be physically injured by having their data exposed when your business's database is infiltrated.

Can I sue for a data breach? ›

Anyone who has been affected by a data breach may have the right to file a lawsuit, including individuals, businesses, or organizations that have suffered harm due to the breach.

What are the three 3 kinds of data breach? ›

Read on, and we'll discuss the seven most common types and how they can affect your business.
  • Stolen Information. ...
  • Ransomware. ...
  • Password Guessing. ...
  • Recording Keystrokes. ...
  • Phishing. ...
  • Malware or Viruses. ...
  • Distributed Denial-of-Service (DDoS)

What is the first response to a data breach? ›

Step 1: Contain the data breach to prevent any further compromise of personal information. Step 2: Assess the data breach by gathering the facts and evaluating the risks, including potential harm to affected individuals and, where possible, taking action to remediate any risk of harm.

What does liability mean in cyber security? ›

Cybersecurity liability is the responsibility you shoulder for security mishaps that occur online. For instance, when your customers share their personal information with you on web forms or in emails, you can conceivably be held liable for anything that happens to that data.

What is cyber crime liability? ›

Cyber liability insurance covers the damage that your business suffers because of a cyber security breach. This includes items like investigative services, data recovery and identity recovery. Data recovery covers the costs of recovering your data following a breach.

What would be considered as data breach? ›

Answer. A data breach occurs when the data for which your company/organisation is responsible suffers a security incident resulting in a breach of confidentiality, availability or integrity.

What is the meaning of cyber breach? ›

A data breach is a cyber assault in which sensitive, confidential, or otherwise protected data is illegally accessed and released. Breaches may happen in any company, from tiny firms to multinational organizations.

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