Getting to grips with ‘Silent Cyber’ – Misconceptions About Cyber Insurance and what it covers

ARTICLE BY

SHARE THIS POST

As cyber risk becomes more ubiquitous, costing the globe up to R8.6 trillion a year – attacks such as NotPetya and WannaCry remind us that digital world risks are moving into the physical world with crippling business interruption, legal fees and massive damage to brands and reputation. 

As a bespoke risk, cyber typically comprises purposeful intent to deliver malicious damage on systems or organisations.  The omnipresent nature of cyber threats relegates it into the realm of ‘silent’ risks that are often not addressed through traditional property and casualty insurance policies – a fact only realised, very painfully, after a cyberattack and major loss occurs. 

Traditional commercial insurance policies – such as property, casualty and liability – are not designed to explicitly address cyber-related losses – either by way of express inclusion or exclusion. When an insurance policy does not affirmatively grant or exclude cyber coverage, this is termed ‘silent cyber’ – and there’s no guarantee that the insurance cover will cover any cyber-related loss.

Zamani Ngidi, a Commercial Risk Consultant at Aon South Africa says that the insurance market is moving to address the challenges of ‘silent cyber’ in insurance coverage.  “Policies are being expressly written for the purposes of cyber, instead of it being an element of coverage in an existing policy. The current reality is that less than half of businesses purchase stand-alone cyber insurance coverage, which raises serious concerns about the potential for insufficient cover in the face of increasing risk,” says Ngidi.

As the industry moves to address these ‘silent cyber’ gaps and ensure proper coverage more broadly for this emerged risk, it’s important to know exactly what is covered and what is not when cyber flows into physical ramifications.

The Evolving Nature of Cyber Insurance Coverage
Among the threats businesses face from cyber-attacks are financial losses or exposure of data through social engineering or ‘phishing’ scams, physical damage to property, plant and machinery, data breaches that expose sensitive customer information and – most impactful – major business disruption.

Businesses could be burned by relying on ‘silent cyber’ coverage in their existing property and casualty portfolio, rather than seeking affirmative coverage grants for specific cyber loss or a standalone cyber insurance policy.  When faced with a physical loss as a result of a cyberattack, businesses could be left without any cover if their policies have not been constructed to specifically address a breach-related loss.

Increasing Legislation
In South Africa, many forms of data protection laws and regulatory standards apply.  With the introduction of General Data Protection Regulation(GDPR) in Europe and the Protection of Personal Information Act (POPIA), the onus is on organisations to truly understand their information security structure and the legal risks associated with it.     

“Looking at cyber-risk through a legislative lens and the quantum of punitive fines, it is quite peculiar to see insurance programmes where loss limits are less than those of other lines of more traditional insurance – especially when you consider that virtually every aspect of business is now driven by some form of technology and data.  A cyberattack can literally take down an entire operation and all its subsidiaries in one foul click, yet the loss limits are nowhere near enough to cover business interruption costs, increased costs of working, legal costs and so on,” says Ngidi. 

Holistically understanding cyber vulnerabilities and crafting appropriate coverage
Relying on ‘silent cyber’ coverage and hoping your policy will respond when an attack is launched is foolhardy.  Businesses really need to comprehend the gap in coverage that exists between what they have and what they need and take the necessary steps to address the gaps.

“A cyber risk assessment and quantification analysis with an expert broker is an invaluable exercise in reviewing potential vulnerabilities as well as various cyber-attack scenarios, modelling the potential financial and physical impact of each tested instance, and putting recovery plans in place to address each scenario. It needs to be undertaken in conjunction with a review of existing insurance coverages to highlight vulnerabilities, gaps in cover and the financial implications thereof.  The result needs to be a thorough and comprehensive approach that addresses the digital and physical risks that a business faces as part of a holistic risk management programme.

Recognising there is no one-size-fits-all approach to cyber risk, businesses, insurers and brokers will continue to evolve how they think about cyber risk, creating effective coverage solutions against this rapidly evolving and malevolent risk. In today’s hyper-connected world, there is virtually no business that is not reliant on technology to generate its bottom and top lines – risk management and insurance needs to evolve rapidly to mitigate the threats posed by ‘silent cyber’.

Subscriber Terms and Conditions

  1. APPLICATION OF TERMS
    • These terms and conditions (“Subscriber Terms”) apply to the subscription by any qualifying member of the South African Underwriting Managers Association NPC (“SAUMA”) to the services and benefits offered by FIA Services (Pty) Ltd (“FIA Services”) under the SAUMA affiliation arrangement (“Subscription”).

  2. NATURE OF SUBSCRIPTION
    • A Subscription under this arrangement:
      • does not constitute membership of FIA NPC;
      • does not confer any voting rights or governance participation in FIA NPC; and
      • is governed solely by the contractual relationship between the Subscriber and FIA Services.

  1. ELIGIBILITY
    • To qualify for the Subscription, the applicant must, at the time of application, be a current paid-up member of SAUMA.
    • FIA Services will verify the applicant’s SAUMA membership status with SAUMA prior to activation, and may re-verify such status periodically.
    • If a Subscriber ceases to be a paid-up member of SAUMA, the Subscription will correspondingly be terminated.
    • Applicants are required to authorise FIA Services to confirm their SAUMA membership status with SAUMA as part of the application process.

  1. SERVICES
    • The Subscription entitles the Subscriber to the following benefits:
      • Complimentary access to the FIA CPD Platform;
      • Complimentary access to the FIA Insight Magazine (digital edition);
      • Advertising opportunities on FIA platforms at a discounted rate of 15% (fifteen percent) off the prevailing published rates; and
      • Invitations to attend FIA Technical Webinars annually.
    • FIA Services reserves the right to update, vary or substitute the Services from time to time, provided that the overall value and nature of the benefits remain materially the same.

  1. FEES AND PAYMENT
    • The monthly subscription fee is R260.00 (two hundred and sixty rand) for up to seven registered individuals (Key Individuals and Representatives), and R36.00 (thirty-six rand) per additional registered individual thereafter, excluding VAT.
    • The Subscriber shall provide FIA Services with the required details of each individual to be registered under the Subscription for the purposes of activation and billing.
    • All fees are exclusive of VAT, which shall be charged at the prevailing statutory rate.
    • Subscription fees are reviewed annually in March and may be adjusted with effect from 1 April.
    • Any changes to the Subscription, including but not limited to the number of Representatives and Key Individuals registered under the Subscription, may only be effected once annually during the annual review period in March of each year, with such changes taking effect from 1 April.
    • Subscription fees shall be billed monthly in arrears, unless the Subscriber elects an annual billing cycle at the time of application.
    • The Subscriber shall ensure that all billing information (including contact details, authorised signatories and bank account details) is kept accurate and up to date.
    • Non-payment of subscription fees may result in suspension of access to the Services until such fees are brought up to date.
    • The Subscriber acknowledges and agrees that all subscription fees payable under these Subscriber Terms may be collected by way of debit order, which shall be processed by the holding company, FIA NPC (The Financial Intermediary Association of South Africa), on behalf of FIA Services. Payment to FIA NPC shall be deemed to constitute valid and sufficient discharge of the Subscriber’s payment obligations to FIA Services under these Subscriber Terms.

  1. ONBOARDING
    • Onboarding will be conducted as a Subscription with FIA Services under the SAUMA affiliation arrangement.
    • Onboarding will not confer FIA NPC membership status or any associated rights.
    • Onboarding is conditional on confirmation of the Subscriber’s current SAUMA membership at the time of application

  1. DATA PROTECTION
    • FIA Services will process all personal information in accordance with the Protection of Personal Information Act 4 of 2013 (POPIA) as set out in our POPIA policies.
    • By subscribing, the Subscriber authorises FIA Services to confirm their SAUMA membership status with SAUMA and to process personal information for the purposes of fulfilling the Subscription.

  1. TERMINATION
    • The Subscriber may terminate the Subscription by giving FIA Services one calendar month’s written notice.
    • FIA Services may terminate the Subscription on one calendar month’s written notice, or immediately if the Subscriber breaches these Subscriber Terms and fails to remedy such breach within 14 (fourteen) days of receiving written notice.
    • Termination of the SAUMA–FIA Services affiliation agreement shall not automatically terminate these Subscriber Terms.
    • Termination by the Subscriber shall not relieve the Subscriber of liability for any subscription fees accrued up to the effective date of termination.
    • FIA Services may suspend or terminate the Subscription with immediate effect in the event of non-payment of fees by the Subscriber.

  1. GENERAL
    • These Subscriber Terms are governed by the laws of the Republic of South Africa.
    • Any disputes arising under these Subscriber Terms shall be dealt with in accordance with the dispute resolution provisions contained in the FIA NPC membership terms and conditions, as modified to reflect that the contractual relationship is with FIA Services.
    • Any notices required under these Subscriber Terms may be validly delivered by email to the addresses provided in the Subscriber’s application form, and such notices shall be deemed received on the day of transmission if sent during business hours.
    • The Subscriber may not assign, cede or transfer any of its rights or obligations under these Subscriber Terms without the prior written consent of FIA Services.
    • No variation of these Subscriber Terms shall be of any force or effect unless reduced to writing and signed by both FIA Services and the Subscriber.