Cyber Insurance

Polis Cyber Insurance juga disebut Cyber

Risk Insurance atau Cyber Liability
Insurance Coverage (CLIC), mengcover
biaya yang timbul akibat serangan cyber
(seperti biaya investigasi atas kebocoran
data), melindungi kerugian pihak ketiga
dan juga kerugian pada Business
Interruption
The Benefit
Privacy Liability
• Insurance will pay Damages & Privacy Claim Expenses by reason of
Privacy Claim made & reported during Policy Period for any Privacy
Wrongful Act.
 Privacy Claim means :
 A written demand against The Insured in respect of a Privacy Wrongful Act for
monetary damages or non monetary relief.
 A civil proceeding against The Insured in respect of a Privacy Wrongful Act
seeking monetary damages or non monetary relief, commenced by the service
of complaint, statement of claim or similar pleading.
 An Arbitration proceeding against The Insured in respect of a Privacy Wrongful
Act monetary damages or non monetary relief
 A Regulatory Proceeding in respect of a Privacy Wrongful Act
 Privacy Claim Expenses means :
 Reasonable and Necessary lawyer’s fee, expert witness fees and other fees
and cost incurred, in the investigation and defense of a covered Privacy
Claim

 Privacy Wrongful Act means :

 Any error, misstatement, misleading statement, act, omission, neglect,
breach of duty or Personal Injury offense actually or allegedly committed or
attempted by Insured, resulting in :

o The failure by Insured which legally responsible to handle, manage,

store, destroy or otherwise control :
• Personal Data, or
• Third Party Information

o An Unintentional Violation of Insured Privacy Policy that result in the

violation or any Privacy Regulation, including but not limited to the
unintentional wrongful collection of Personal Data by Insured
Manfaat Cyber Insurance
Network Security Liability
• Insurance will pay Damages & Network Security Claims Expenses, by
reason of a Network Security Claim made & reported during Policy
Period for any Network Security Wrongful Act.
 Network Security Claim means :
 A written demand against The Insured in respect of a Network Security
Wrongful Act for monetary damages or non monetary relief.
 A civil proceeding against The Insured in respect of a Network Security
Wrongful Act seeking monetary damages or non monetary relief, commenced
by the service of complaint, statement of claim or similar pleading.
 An Arbitration proceeding against The Insured in respect of a Network Security
Wrongful Act monetary damages or non monetary relief
 A Regulatory Proceeding in respect of a Network Security Wrongful Act
 Network Security Claims Expenses means :
 Reasonable and Necessary lawyer’s fee, expert witness fees and other fees
and cost incurred, in the investigation and defense of a covered Network
Security Claim

 Network Security Wrongful Act means :

 Any error, misstatement, misleading statement, act, omission, neglect,
breach of duty or Personal Injury offense actually or allegedly committed or
attempted by Insured, resulting in a failure of Network Security including the
failure of deter, inhibit, defend against or detect any Computer Malicious Act,
including :
o Malware
o Hacking,
o Denial of Service Attacks
o Unauthorized Use or Access
Manfaat Cyber Insurance
Media Liability
• Insurance will pay Damages & Media Claims Expenses, by reason of a
Media Claim made & reported during Policy Period for any Media
Wrongful Act.
 Media Claim means :
 A written demand against The Insured in respect of a Media Wrongful Act for
monetary damages or non monetary relief.
 A civil proceeding against The Insured in respect of a Media Wrongful Act
seeking monetary damages or non monetary relief, commenced by the service
of complaint, statement of claim or similar pleading.
 An Arbitration proceeding against The Insured in respect of a Media Wrongful
Act monetary damages or non monetary relief
 Media Claims Expenses means :
 Reasonable and Necessary lawyer’s fee, expert witness fees and other fees
and cost incurred, in the investigation and defense of a covered Media Claim

 Media Content means :

 Electronic media distributed by Insured or on Their behalf on internet,
including on Social Media Websites

 Media Services means :

 Publication, distribution, or broadcast of Media Content

 Social Media Website means :

 Third party website for the purpose of allowing the creation and exchange of
user-generated content through blogs, microblogs, social networking and
wiki’s
 Media Wrongful Act means :
 Any actual or alleged of things below which committed by Insured solely in
the performance of providing Media Services :
o Disparagement or harm to the reputation or character of any person or
organization, defamation, libel, slander, product disparagement, trade
libel, infliction of emotional distress, mental anguish and injurious
falsehood
o Eavesdropping, false arrest, malicious prosecution, outrage or
outrageous conduct
o Plagiarism, piracy or misappropriation of ideas in connection with any
Media Content
o Infringement of copyright domain name, trade dress, title or slogan, or
the dilution of infringement of trademark, service mark, service name or
trade name; but not actual or alleged infringement of any patent or
Trade Secret
o Negligence with respect to Insured creation or dissemination of Media
Content
Manfaat Cyber Insurance
Cyber Extortion
• Insurance will pay Cyber Extortion Damages & Cyber Extortion
Expenses, by reason of a Cyber Extortion Event occured & reported
during Policy Period.
 Cyber Extortion Expenses means :
 Such reasonable & necessary expenses incurred which directly result from a
Cyber Extortion Event, including sums incurred to hire information technology
consultants, legal and regulatory consultants and crisis negotiators.

 Cyber Extortion Damages means :

 Monies paid by Insured to terminate or end a Cyber Extortion Event.

 Cyber Extortion Event means :

 Any credible threat or connected series of threats with the purpose of
demanding monies made by third party against Insured expressing intent to :
o Release, divulge, disseminate, destroy of use confidential or proprietary
information, or personally identifiable information, stored on The
Insured Computer System
o Alter, corrupt, damage, manipulate, misappropriate, delete or destroy
Data, instruction or any electronic information transmitted or stored on
The Insured Computer System
o introduce any Malware which designed to modify, alter, damage,
destroy, delete, contaminate or degrade the integrity, quality or
performance of Data, application, network or operating system and
related software
o Initiate an attack on The Insured Computer System that depletes the
system’s resources or impedes system access available through the
Internet to authorized users of the system
o introduce any Malware or other material for purpose of denying
authorized users access to The Insured Computer System
o Restrict or inhibit access to The Insured Computer System
Manfaat Cyber Insurance
Data Assets Loss
• Insurance will pay for Recovery Costs by reasons of a Data Asset
Incident which occurred & reported during Policy Period.

 Data Asset Incident means :

 Entry to, corruption of or destruction of The Insured Data caused by :
o Computer Malicious Acts
o Malware
o Hacking
o Unauthorized Use or Access
o Denial of Service Attack
o Human Error
o Programming Error
o Power failure, surge or diminution affecting The Insured Computer System
Manfaat Cyber Insurance
Business Interruption
• Insurance will pay for Business Interruption Loss and Recovery Costs
arising from Business Interruption Incident which occurred & reported
during Policy Period.
 Business Interruption Incident means :
 Inability to access, disruption of, or disturbance to The Insured Computer System
or Data (not arising from Property Damage) caused solely and directly by :
o Computer Malicious Acts
o Malware
o Hacking
o Unauthorized Use or Access
o Denial of Service Attack
o Human Error
o Programming Error
o Power failure, surge or diminution affecting The Insured Computer System
 Business Interruption Loss means :
 Reduction in Net Profit which occurs during the Period of Indemnity solely
and directly as a result of a Business Interruption Incident, less savings
realised by the use of damaged or undamaged Data, available stock,
merchandise, substitute facilities, equipment or personnel.

 Business Interruption Loss shall not include :

o Financial loss due to the inability to trade, invest, divest, buy or sell any
financial security of financial assets of any kind
o Fluctuations in any value of assets
o Financial value in any account held at financial institution
o The inability to earn interest or appreciation on any assets

 Reduction in Net Profit means the amount by which the Net Profit
produced by the business during the Period of Indemnity fall short of the
Net Profit produced by the business during that period in the twelve (12)
months immediately before the Business Interruption Incident.

 Net Profit means the operating profit resulting from The Insured business
after due provision has been made for all fixed charges.
Extensions Cyber Insurance
New Subsidiaries Company
• Automatic cover for any entity which become Subsidiary during the Policy Period,
provided that the new Subsidiary :
• Doesn’t increase the Insured Organization's total revenue by more than 20%
• Hasn’t had claim under this policy within five years
• The Business activities are note materially different in their nature to those of the
Insured Organization

Automatic Run Off Cover For Subsidiary

• If the Named Insured effects a sale or dissolution of the Subsidiary either prior to or
during the Policy Period, this Policy shall continue to include such Subsidiary but only
for:
• Wrongful Acts
• Regulatory Proceedings in respect of Privacy Wrongful Act and/or Network Security
Wrongful Act
• Committed Prior to the effective date of sale or dissolution of the Subsidiary
The Exclusion
Conduct
• Insurance will not be liable for Damages of any claim directly or indirectly caused by, arising out of
or in any way connected with The Insured conduct, or of any person for whose conduct The
Insured are legally responsible

Bodily Injury / Property Damage

• Insurance will not be liable for Damages or Expenses on account of any Claim alleging, based upon,
arising out of or attributable to any Bodily Injury or Property Damage

Assumed Liability
• Insurance will not be liable for Damages or Expenses on account of any claim for breach of any
express, implied, actual or constructive contract, warranty, guarantee, or promise, including
liquidated damage provisions or any liability assumed by The Insured

Insured vs Insured
• Insurance will not be liable for Damages or Expenses on account of any claim brought or
maintained by you, or on your behalf, or by any other natural person or entity for whom or which
you are legally liable
The Exclusion (2)
Employment Related Wrongful Acts
• Insurance will not be liable for Damages or Expenses on account of any claim alleging, based upon, arising
out of or attributable to any :
• Illegal discrimination of any kind
• Humiliation, harassment or misconduct based upon, arising out of or related to any such discrimination

Fees Insurance
• Insurance will not be liable for Damages or Expenses on account of any claim alleging, based upon, arising
out of or attributable to any fees, expenses or cost paid to or charged by The Insured

Prior Matters
• Insurance shall not be liable for Damages, Cyber Extortion Damages, Business Interruption Losses or
Expenses on account of any Claim alleging, based upon, arising out of, or attributable to:
• any Claim made, threatened or intimated against The Insured before the Policy Period
• any litigation or other proceedings commenced against The Insured before the Policy Period, or alleging
or derived from the same or substantially the same facts or circumstances alleged in the litigation or
proceedings
• any fact, circumstance, act, omission or claim known or disclosed in the Proposal or of which notice has
been given to any other insurer before the Policy Period
The Exclusion (3)
Internet Access
• Insurance shall not be liable for Damages, Business Interruption Losses or Expenses on account of any Claim
alleging, based upon, arising out of or attributable to any failure, interruption, or outage to Internet access service
provided by the Internet service provider that hosts The Insured website, unless such infrastructure is under The
Insured operational control

Act of God
• Insurance shall not be liable for Damages, Business Interruption Losses or Expenses on account of any Claim
alleging, based upon, arising out of or attributableInsurance
to fire, smoke, explosion, lightning, wind, flood, earthquake,
volcanic eruption, tidal wave, landslide, hail, act of God or any other physical event, however caused

War and Terrorism

Trade Secret
• Insurance shall not be liable for Damages or Expenses on account of any Claim alleging, based upon, arising out of
or attributable to any validity, invalidity, infringement, violation or misappropriation of any patent or Trade Secret
by or on behalf of The Insured.

Intellectual Property
• Insurance shall not be liable for Damages or Expenses on account of any Claim alleging, based upon, arising out of
or attributable to any infringement, violation or misappropriation by you of any copyright, service mark, trade
name, trademark or other intellectual property of any third party
The Exclusion (4)
Personal Data
• Insurance shall not be liable for Damages or Expenses on account of any Claim alleging, based
upon, arising out of, attributable to, directly or indirectly resulting from, in consequence of, or in
any way involving the unauthorised, surreptitious, or wrongful collection of Personal Data by The
Insured or the failure to provide adequate notice that such information is being collected. However,
this exclusion shall not apply to The Insured unintentional violation of any Privacy Regulation,
including but not limited to the unintentional wrongful collection of Personal Data.

Media Content Insurance

• Insurance shall not be liable for Damages or Expenses on account of any Claim alleging, arising out
of, or attributable to the actual goods, products or services described, illustrated or displayed in
Media Content.

Trade and Economic Sanctions

• Insurance shall not be deemed to provide cover and shall not be liable to pay any Claim, Damages,
Cyber Extortion Damages, Business Interruption Losses, Expenses or provide any benefit hereunder
to the extent that the provision of such cover, payment of such Claim, Damages, Cyber Extortion
Damages, Business Interruption Losses, Expenses or provision of such benefit would expose The
Insurance, or their parent or ultimate holding company, to any sanction, prohibition or restriction
implemented pursuant to resolutions of the United Nations or the trade and economic sanctions,
laws or regulations of the Republic of Indonesia, the European Union, United Kingdom, or the
United States of America