Cyber & Privacy Risks

Our team of cyber insurance experts have been active in the cyber insurance market for over a decade, assisting insurers with coverage investigation and advice, drafting cyber insurance wordings, and providing cyber claims services.

We advise on all aspects of cyber and privacy risks, and the insurance that covers them, whether the insureds be large multinational policyholders or SMEs. We have deep experience of the issues that can arise at every point of a claim’s lifecycle, from initial notification to coverage determination, to all vendor engagements and management, to regulatory notifications and exposures, to ransom or extortion payments and settlements, to defence of third party claims and quantification of first party loss.

Examples of our experience include: 

• Notification requirements
• Sublimit, deductible and aggregation language
• Claims for physical damage to hardware
• Cyber business interruption triggers, coverage, and quantum
• Cyber war exclusions
• Scope of cover for IT upgrades and improvements
• Claims for crop damage caused by pesticide plant software failures
• Claims arising from loss of client account financial data
• Retroactive cover dates and dormant viruses
• Tracing and recovery claims for phishing and vishing losses and man-in-the-middle attack
• Insurability of GDPR fines
• Ransom payments
• Use of off-panel vendors
• Large scale data subject notification exercises
• Substantial third party claims arising from unavailability of IT infrastructure

In addition to claims support and advice, we draft cyber insurance contract wordings and endorsements, provide coverage reviews and ‘gap’ analyses (for single risks and (re)insurance programmes), and advise on market issues such as silent cyber in ‘traditional’ insurance products and war exclusions.

We also have expertise in emerging risks that can impact the cyber insurance market, including the use of artificial intelligence, the evolving regulatory landscape and trends in threat actor behaviour.