In this three part series, Ben Grosser (Head of Carrier Partnerships, Pathpoint) interviews cyber insurance expert Michelle Chia (Head of Professional Liability and Cyber, Zurich North America) to learn more about the cyber risks most affecting small businesses today, the role cyber insurance plays as a risk management tool, and how to approach matching your small business client with right policy.
Once businesses have an awareness of cyber risk (for more information, check out Part 1 of this series), it is important to know the direct impact to their business. Non-technology based firms or businesses with few employees often have a false sense of security, believe that they are not targeted by bad actors, and believe that cyber insurance isn’t needed. However, this is not always the case.
BG: We often hear from small businesses that they don’t understand what insurance policies they need. When it comes to cyber, we can explain the coverages, but the end firm representative will say “Back up even more - what risks am I transferring, why am I paying this premium, and what could I lose?” Can you explain what cyber risks small businesses have?
MC: Cyber risk fits into three main buckets:
BG: Why is there still a liability and need for balance sheet protection if small businesses are using third party providers for their computer systems? What if they use AWS(Amazon Web Services), or computers they don’t own?
MC: If your computer is turned into a brick because of a cyber event or locked due to a ransomware event, you won’t be able to connect to AWS anyway. The data on your laptop could be inaccessible or corrupted, which could be a challenge. How will you provide service to your customers?
BG: We do always get the question, “I read this thing on the news or on Twitter about GDPR or CCPA, it doesn’t apply to me, right?” What are these, and how do they change the landscape for what a SMB might be required to do?
MC: GDPR, which stands for General Data Protection Regulation, is quite complex. In short, it could apply to any company that has a website, because if you are soliciting any information, even cookies (collecting the fact that an individual visited your website), from individuals that reside in the EU, it may apply to you. Basically, any organization with a website that can be accessed by EU residents is collecting regulated data and could be subject to that regulation.
CCPA, the California Consumer Protection Act, is the private right of action: as a private citizen an individual can bring suit against any organization that lost that person’s information. The suit does not need to be brought by a regulatory agency. Instead of large class action lawsuits, which still can occur in conjunction, individuals can bring a lawsuit against a company based on any information that they lost with regard to that individual. If you are a nail salon in Florida, CCPA can apply to your business, even though it's called the California Consumer Protection Act, because it extends to organizations over a particular size that have California consumer resident information. If you fit that profile, then it applies to you.
The way we use technology both in our personal lives and in a corporate setting has evolved very rapidly, and regulatory agencies are looking to protect consumers in any way possible. As our use of technology increases and these regulations continue to evolve, companies need to be aware of regulations addressing protection of information in their care, custody and control.
Cyber insurance works to help businesses with these risks.
*Steinberg, Scott. “Cyberattacks now cost companies $200,000 on average, putting many out of business.” CNBC. 13 October 2019. https://www.cnbc.com/2019/10/13/cyberattacks-cost-small-companies-200k-putting-many-out-of-business.html
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