Spring 2020 Gavel 268650 SBAND Gavel Magazine_web | Page 34
cost of the overall premium. While security assessments should be
regularly conducted within any organization or firm, an insurance
company may have extra requirements or may require a more recent
security assessment conducted by the third party of their choosing.
This is done in an attempt to categorize and quantify potential
cyber risks while simultaneously encouraging policyholders to create
“cultures of security” that minimize moral hazard or human error
risks.
Cyber risks stemming from the human element, rather than
technology per se, are arguably much more damaging and
widespread. I would argue that the risk stemming from this human
element (involving social engineering attacks, internal theft, mistakes,
misuse, dissemination of confidential or proprietary data, and the
like) seems impossible to measure authoritatively during the course
of a routine security assessment. These attacks frequently change and
become more sophisticated. The reality of evolving technologies is
that the associated risks are always evolving too – but a well-executed
security assessment is essential in developing sound written policies
and protocols designed to defend against, and respond to, these risks.
Security assessments associated with this kind of insurance are
a critical part of the value that they offer; merely considering
the product will bring greater awareness and increase proactive
cybersecurity responses within an organization. Creating written
policies and procedures is essential in counteracting risks and
developing strategies, even if potential
damages cannot be fully quantified or
assessed. While the cost of regular security
assessment and external third-party review
of existing baselines should be considered
a priority expense, being mindful of any
additional requirements, such as upfront
consulting and assessment as required by the
insurer, is important.
But in the difficult and opaque world of cybersecurity, it may seem
to organizations that the brunt of any cyber event would be handled
by their insurance policy, making it less of a priority to counteract
the risks. When organizations don’t fully understand the extent of
potential damages, insurance may seem like a Get out of Jail Free
card.
Conversely, though, many organizations that purchase cyber liability
insurance are more prone to invest in cybersecurity measures and
develop strong protocols. In addition to the policy requirements,
fostering awareness of the potential financial and reputational
costs of malicious cyber events is beneficial in establishing an
organization’s security culture. Widespread investment in cyber
insurance may also serve to help standardize security assessments
and develop baseline criteria for proactive and reactive policies.
Ultimately, cyber liability insurance requirements may prove to be
the main driving force behind security assessment standardization. In
this sense, I would suggest thinking of cyber insurance less as a safety
net and more as a valuable component of a well-rounded remediation
approach. The preparation involved in purchasing cyber insurance is
potentially more valuable than the more or less ambiguous coverage
it provides.
This article originally appeared in Bench & Bar of Minnesota, the official
publication of the Minnesota State Bar Association. It is reprinted with
permission.
Insurance as an Incentive for
Proactive Security
Cyber liability insurance should always
be considered part of a larger edifice,
not a singular measure, in protecting
your firm against cyber risks. You should
always be highly motivated to engage in
proactive security measures that aim to
protect organizational data, develop strong
cybersecurity policies, train employees,
incorporate regular security assessments, and
institute remediation strategies and protocols.
Having an insurance policy should never
take the place of actively understanding and
strengthening your security posture. Now, I
understand – just because someone has car
insurance doesn’t mean he or she will not
care about getting in a car accident. Agreed.
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THE GAVEL
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