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When you ask your clients whether the business has cyber liability coverage, increasingly they may answer yes. But what I've found, especially working with many midsize hotels, resorts and restaurants, is that the existing "cyber liability" clients have offers only limited protection. Related: What to expect: the cyber liability insurance application process I've also talked with midsize business owners who think their Commercial General Liability coverage will cover data breach costs (and most won't). This presents an opportunity to educate risk managers on the benefits of standalone cyber liability coverage that includes the following:
Once you establish the type of cyber liability products your clients need, educate them about the risk of data breaches. You can use a big-name example (such as the 2013 Target data breach that affected 41 million consumers), but it's more meaningful to talk about what's happening in their industry. Related: 5 essentials of a cyber liability insurance policy Do some limited research and identify a breach the midsize business owner will recognize. Sadly, in the hospitality industry, there's no shortage of them. According to Verizon's 2017 report, accommodations (hotels and restaurants) ranked as the top industry for point-of-sale intrusions.
After establishing the need for cyber liability with a powerful illustration of what can happen to a midsize business that's victimized by a data breach, it's time to ask thought-provoking questions. If a breach like that happened to you, what's the first thing you would do? Who would you call? What kind of response would you need? How long would it take? What would that mean for your business? Then listen empathetically to each answer and look for that a-ha moment. The reality is that most midsize business owners wouldn't know what to do if a breach occurred. So, this is your best chance to provide details that will help ease your client's concerns. For example, I find most hospitality businesses don't realize notification provisions vary by state and are based on the state where the affected customer lives, not by the state of the physical facility that was breached. Related: Top 10 writers of cybersecurity insurance At this point, I also like to discuss the value of crisis management. No business can afford to lose trust with its consumers. So I let potential clients know how a solid public relations strategy (the costs of which are included in a standalone cyber liability policy) will help manage the reputation of the business, respond effectively to any media coverage, and rebuild customer trust.
Because cyber liability is relatively new, your clients may not know all their potential liabilities. For example, a franchisee for three locations of a midsize national hotel chain may not realize the franchisee may be held liable for a data breach within the brand's online reservation system even though a third party operates that system. The franchisee could be brought into a suit because the franchisee made the decision to hire the management company. A building owner may give insurance decision-making power to a property manager, but the owner may not know whether that property or hotel manager actually has cyber liability coverage. Related: Cyber insurance must be a priority for small- and mid-sized businesses The exposure is greater than the reservation system as well. There are numerous other point-of-sale transactions at a hotel for example (restaurant, gift shop, front-desk or parking, for example). Related: The top 5 risks businesses and consumers worry about most In addition to the limit of liability, many clients aren't sure of the size and scope of a potential data breach, so they don't know what number of notifications to choose. I coach hotels to prepare for a six-month breach and tell them to base that on the number of customers, number of rooms and standard occupancy rates.
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