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DATA BREACH: A Concern for Director’s & Officers of ANY Entity

DATA BREACH:  A Concern for Director’s & Officers of ANY Entity

A data breach can be a devastating event, affecting a company or not-for-profit financially and damaging its reputation. As a director or officer, you face litigation risks based on the decisions made following a breach and on how you influenced cyber security policies, as these are often considered board-level issues. This is true for directors and officers of small/medium incorporated enterprise (the directors, officers and owners/shareholders are typically the same) and volunteer directors and officers of not-for-profit groups as well. 

If a suit is filed against you after a data breach occurs, based on your position as a board member, you will not be protected by your commercial general liability policy or your cyber liability policy. Your best source of protection is from your directors and officers (D&O) policy, as long as your policy is tailored to include protection after a data breach. Sadly, the majority of privately owned small/medium businesses in Canada do NOT make D&O cover part of their insurance program.  Either due to naïve skepticism or concern over additional cost.

DATA BREACH THREATS

The biggest threat from a data breach is loss of information, whether it is information regarding your company’s finances or the personal identification information of your employees and customers, such as Social Insurance numbers, banking and/or credit card information.

Losing sensitive information belonging to your employees/customers or company can have a devastating effect on your reputation. If the credit card information of your customers is stolen, your customers would need to cancel their cards and get new ones—an inconvenient process and one that can damage your company’s image in the eyes of customers.

DATA BREACH RESPONSE

Following a data breach, you may be legally required to notify certain people about it. For example, if your company is publicly traded, guidelines say you must report cyber security incidents to stockholders. The cost of notification after a breach is generally covered by a cyber liability policy; and, depending on the number of people you need to notify, the cost can be quite high.

Notification should be taken very seriously, as the way a company responds to a data breach can lead to exposure and legal action beyond lawsuits from customers—the company could be subject to regulatory action.

DATA BREACHES AND D&O COVERAGE

Insufficient cyber security that leaves your company vulnerable to a data breach can be seen by your customers or shareholders as negligence or a breach of duty. Your customers and shareholders may seek to hold you responsible for the damage, as the board is responsible for making decisions on behalf of the company. Because of this, you need protection in the form of a D&O policy.

In past legal cases following a data breach, directors and officers have been accused of:

  • Failing to take reasonable steps to protect customers’ personal and financial information
  • Failing to implement controls to detect and prevent a data breach
  • Failing to report a breach in a timely manner

A cyber liability policy would not offer the legal protection needed by directors and officers after a data breach, whereas a D&O policy can.

A D&O policy provides coverage for a “wrongful act,” such as an actual or alleged error, omission, misleading statement, act of neglect or breach of duty.

CYBER SECURITY IS VITAL

A company’s directors and officers are expected to be involved in and knowledgeable about the company’s cyber security. It’s rapidly becoming a vital aspect of responsible business management and customer service.

The following are some techniques to improve the cyber security of your company:

  • Install a firewall—Companies with five or more computers should consider buying a network firewall to protect the network from being hacked.
  • Install security software—Anti-virus, anti-malware and anti-spyware should be installed on every computer in the network. All software should be up-to-date.
  • Encrypt data—All data, whether stored on a tablet, flash drive or laptop, should be encrypted.
  • Use a virtual private network (VPN)—A VPN allows employees to connect to the company’s network remotely without the need of a remote-access server. VPNs use advanced encryption and authentication protocols, providing a high level of security for your network.
  • Develop a data breach plan—Have a plan in place so when, not if, you experience a data breach, you can act quickly and minimize your loss.

DATA BREACH RISKS WITHOUT D&O INSURANCE

After a data breach, claims from shareholders and customers will most likely be made. Since you can be held personally responsible for the acts of the company as a board member, your plans and decisions need to be protected.

Without D&O coverage, your personal assets are at stake and could be forfeited to cover legal costs. You can protect yourself with a D&O insurance policy. Talk to your insurer about this type of coverage and be sure your policy is tailored to cover any gaps. Note, that not all D&O polices are the same.  It is important to look at the policy coverage and not the price when making a choice.  D&O is also a specialized form of insurance and not all insurance providers are well versed in the coverage and/or the nuance of policy wordings.  It is important that you select an insurance provider that is educated and knowledgeable about D&O and is able to provide choice and not just a one-size fits all policy.  Selecting the wrong provider and the wrong policy that fails to respond to the breach is also something regulators, shareholders, customers and employees could sue you for.

Dan Reith, Principal Broker
Dan Reith, Principal Broker

Dan Reith

Principal Broker
Reith & Associates Insurance and Financial Services Limited
https://reithandassociates.com/
https://www.linkedin.com/in/dan-reith-ba-hons-caib-b7a11b20/

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Social Engineering & Fraud Insurance Coverage

Social Engineering Fraud
Social Engineering Fraud

Social engineering fraud (SEF) is a type of fraud that’s become increasingly common over the last several years. However, even though many instances of this fraud transpire over email communications, it’s a company’s crime policy—not a cyber policy—that would often provide coverage in the event of an SEF loss.

That’s why it’s especially important to understand your crime policy, how it might cover SEF, why it might not, and what endorsements you might want to obtain to make sure SEF doesn’t leave your company exposed.

How Social Engineering Fraud Works

There are a number of variations on the theme, but most instances of SEF involve the following elements:

  • A targeted approach. Criminals will research their targets, purchase authentic-looking domains, manufacture email chains and even resort to making phone calls, all in an effort to make their requests seem authentic.
  • A request. The preparation is in service of obtaining something from the target, either money (usually in the form of a wire transfer) or information (such as a list of vendors, routing numbers, etc.).
  • The application of social pressure. In order to bypass in-house safeguards and redundancies, the criminals apply pressure by imposing a time constraint, demanding secrecy or simply flattering the ego of the target by including him or her “in” on an important business transaction.
  • The disappearance of the hacker. Once the criminals obtain what they want, they disappear with the information or money—things that the company won’t miss until it’s too late.

Cyber Policy vs. Crime Policy

It may seem counterintuitive, but SEF is usually not covered by a cyber policy. Even though this fraud often involves emails and wire transfers, cyber policies are not designed to cover them:

  • Cyber policies cover losses that result from unauthorized data breaches or system failures. SEF actually depends on these systems working correctly in order to communicate with an organization’s employees and transfer information or funds.
  • Crime policies cover losses that result from theft, fraud or deception. Because the underlying cause of a loss in SEF is fraud, a company would claim a loss under its crime policy rather than its cyber policy.

Areas of Cover

A standard crime or fidelity policy contains a few provisions under which an SEF claim might be filed:

  • Computer fraud. This refers to losses stemming from the unlawful theft of money due to a “computer violation”—that is, the unauthorized entry into or deletion of data from a computer system by a third party.
  • Funds transfer fraud. This refers to losses stemming from fraudulent instructions to transfer funds made without the insured’s knowledge or consent.

Potential Vulnerabilities

Depending upon the specific language and definitions laid out in the crime or fidelity policy, the insurer might argue that SEF is excluded from coverage for a number of reasons:

  • There was no “computer violation.” Often, SEF doesn’t involve compromising network security in order to steal data. Instead, criminals “hack” human vulnerabilities in order to gain access. Because the system functioned as it was supposed to, and the criminal gained access due to human failure, an insurer might try to deny the claim.
  • The insured knew about and consented to the transfer. Again, it depends on the specific language of the policy, but an insurer might argue that SEF isn’t covered under “funds transfer fraud.” That’s because, in most social engineering scenarios, some agent of the insured willingly and knowingly authorized the transfer of funds to the intended account. Again, in SEF, the systems in place to transfer funds worked as intended; it was human failure that resulted in the loss.
  • The voluntary parting exclusion. Most crime policies have a voluntary parting exclusion that excludes coverage for losses that result from anyone acting on the insured’s authority to part with title to or possession of property. In other words, because the employee knowingly and willingly authorized the transfer, it wouldn’t be covered.

Social Engineering Fraud Endorsements

Because of this potential gap in coverage, some carriers have started offering SEF endorsements to their crime and fidelity policies. The insurance agreements might go by different names, but they’re all intended to make limits and liabilities explicit for both the insured and the policy issuer.

These endorsements are only offered by a handful of carriers, but with the increasing prevalence of SEF, more are likely to follow. To learn more about SEF, we have resources available for you. Ask about our “Risk Insights: The Fake President Fraud.”

To discuss your coverage options and learn what options are available to you, contact your insurance provider today!

Dan Reith, Principal Broker
Dan Reith, Principal Broker

Dan Reith
Principal Broker
Reith & Associates Insurance and Financial Services Limited
https://reithandassociates.com/

Nikki Johnson No Comments

Cyber Risks & Liabilities

By: Dan Reith
Principal Broker
Reith & Associates Insurance and Financial Services Limited

COVID-19’s Impact on Cyber Threat Activity

Cybersecurity crisis emerged as a result of the 2020 global health crisis as cybercriminals posed an increased threat to the safety of individuals and organizations. Experts are seeing an uptick in cyber threat activity as workforces continue to move to the digital landscape.

Increased Individual Attacks

In 2020, cybercriminals capitalized on fear surrounding the pandemic by producing COVID-19-related scams that trick victims into opening malicious links and attachments. Cybercriminals create fake COVID-19-related content, such as local and regional health updates, or knowledge of cures and treatments. The pandemic has created an opportunity for cybercriminals to exploit human curiosity and concern, which has led to an increase in cyberattack victims.

There’s also been an increase in phishing scam campaigns where cyber threat actors craft convincing copies of government websites and official correspondence. These attacks prey upon populations who are anxious and less likely to be skeptical of emails and other links regarding COVID-19.

Increased Organizational Attacks

As cybercriminals continue to exploit human vulnerability and individual fears surrounding COVID-19, the sudden increase in organizations with employees working from home has allowed cybercriminals to capitalize on cloud-based technologies that didn’t exist before. Research has found that companies became less secure in 2020 due to hastily deployed remote work solutions.

The Canadian Centre for Cyber Security predicts that ransomware will continue to target health care and medical research facilities as the global health sector continues to mitigate the COVID-19 pandemic. Cybercriminals taking advantage of the health crisis have the ability to jeopardize patient outcomes and public health efforts.

Another ransomware trend that emerged in 2020 is known as “double extortion,” where cybercriminals maximize their chance of a profit by threatening additional abuse of the compromised data, including auctioning or selling it.

It’s more important than ever that organizations take a proactive approach to their cybersecurity measures as well as educate employees on the risks of cyber threat activity.

Human Error as a Cybersecurity Threat

The IBM Cyber Security Intelligence Index Report found that human error is a major contributing cause in 95 per cent of cybersecurity breaches. Human errors are unintentional actions or a lack of actions by employees and users that cause or allow a security breach to happen.

Human error can typically be separated into two categories:

  1. Skill-based errors—These errors occur when a user makes a small mistake when performing familiar tasks and activities. While they know what the end result is supposed to be, they make an error due to memory lapse, mistake or negligence.
  2. Decision-based errors—This type of error occurs when a user makes a faulty decision as a result of not having the necessary level of knowledge, not having enough information about the specific circumstance or not realizing inaction is a type of decision.

These mistakes and lapses in judgment can lead to cybersecurity attacks that put organizations in jeopardy. Cybercriminals know that technical security measures are only effective when humans properly utilize them.

The following are examples of how human error can be exploited:

  • Misdelivery—Misdelivery is a common threat to corporate data security and happens when a user sends something to the wrong recipient. Employees should take care to double-check all fields of information before hitting send.
  • Password issues—According to the National Centre for Cyber Security, 123456 is the most popular password in the world, and 45 per cent of people have the same password for multiple online services. Strong, unique passwords should be encouraged among employees.
  • Patching—Software developers are constantly working to detect exploits in programs and send software updates when one is discovered. Users and employees should immediately implement the update to remain protected against threats.

Addressing human error is key to reducing an organization’s chance of being successfully targeted. Educating workforces on mitigating cybersecurity threats can empower them to actively look out for and report new threats they may encounter.

What Is a Deepfake and What Is at Risk?

A deepfake refers to a doctored video or audio recording that looks and sounds like the real thing. While manipulating video is nothing new, deepfake technology could give anyone the ability to distribute misleading and false information.

As technology advances, it’s becoming harder to discern what is real or fake on the internet, and machine learning models are beginning to have trouble detecting the forgery. While there are certain signs that make it easy for the naked eye to spot a deepfake, including a lack of eye blinking or shadows that look wrong, experts predict that deepfakes will continue to advance in sophistication. Soon, the utilization of digital forensics will be the only possibility for detection.

If deepfakes become unidentifiable, it could lead to inherent mistrust and jeopardize faith in a shared, objective reality. In addition, there is the threat of those who might seek to weaponize this technology for political or malicious purposes.

Nikki Johnson No Comments

Cyber Risks & Liabilities in 2021

By: Dan Reith BA(Hons) CAIB
Principal Broker
Reith & Associates Insurance and Financial Services Limited

Technology was forced to rapidly advance in 2020 due to the global health crisis, which found organizations scrambling to adapt to remote working. HR technology was no exception. With the implementation of virtual onboarding processes, the creation of fully-automated payroll systems and more, HR technology adjusted to the needs of organizations in 2020.

HR technology will continue to be vital for the advancement of companies in 2021 in the four areas mentioned below.

Digital Solutions for Remote Work

As organizations continue to navigate the virtual landscape, digital solutions are essential. Keeping an eye on productivity while still fostering collaboration is possible by managing workflows and streamlining processes. Integrating platforms that offer niche solutions for digital collaboration is key moving forward. Document sharing, online chats and video conferencing can help with keeping projects on track.

Software-as-a-Service and Cloud-based HR

Organizations with cloud-based systems already in place were able to seamlessly transition from the office to working from home. For those relying on outdated technology, the shift was a bit harder. In 2021, HR should include cloud-based and software-as-a-service (SaaS) solutions to stay on top of the evolving digital landscape. These solutions allow for comprehensive employee management online, including talent acquisition, virtual onboarding, performance management and payroll.

AI-powered Talent Management

Sage People found that 56 percent of organizations plan to adopt artificial intelligence (AI) into their recruitment process in the next 12 months, compared to just 24 percent who utilized the capability in 2020. AI-powered talent management can include resume assessments and candidate ranking. AI can also schedule and conduct video-based interviews that can predict how well a candidate will fit the role.

Digital Learning

Job seekers are prioritizing educational opportunities as they search for their next career move. Employers should attract talent by implementing online education platforms as an indication of investment in their employees’ careers. Digital learning solutions are overtaking classroom-based learning, and this trend will only continue into 2021.

What Is Internet of Behaviours and How Will It Be Prevalent Going Forward?

Internet of Behaviours (IoB) is the leveraging of data to influence behaviour. Organizations utilize available data to predict and influence human behaviour. Gartner predicts that by 2023, 40 percent of the global population will be tracked digitally in order to influence behaviour.

However, IoB is already here and prevalent in many areas of daily life, including:

  • Facial recognition
  • Location tracking
  • Big data

And while IoB offers several benefits (e.g., convenience of having synced digital devices), the collection of this behaviour-focused data leaves sensitive data at risk for cyberattacks. Property access codes, delivery routes, bank access codes and more are susceptible to cybercriminals.

Businesses should be vigilant and proactive in their cybersecurity efforts to ensure that data is secure and protected. Consider introducing cybersecurity training and awareness programs in your organization in order to stay ahead of cybercriminals.

TOP CYBER THREATS FOR 2021

As the world continues to rely more and more on technology, the need to address threats to cybersecurity becomes increasingly important. With 64 percent of organizations already having experienced web-based attacks, here are seven cybersecurity threats to be aware of in 2021:

  1. Phishing — Phishing occurs when a hacker tricks someone into providing sensitive information or accessing malware by using a false identity. This can happen through email, social media accounts and more.
  2. SMS-based phishing — This form of phishing, sometimes referred to as “smishing,” occurs through SMS text messages. The attack only happens after the link within the text message is opened. While emails are typically able to identify a phishing scam and filter it out, text messages with bad links can still come through.
  3. PDF scams — These scams occur when a PDF attachment in an email or messaging platform contains a link to malware or ransomware. Scammers know people are more likely to open a PDF attachment than a website link, especially if it’s been labelled as a statement balance or press release.
  4. Malware and ransomware — Malware and ransomware can lead to hijacked software, frozen systems, and lost and stolen data. Businesses often keep data on servers that are connected to the internet, and all it takes is one crack in a company’s cybersecurity for hackers to attack and access that data.
  5. Database exposure — Customer contact information, financial records and identity records are all susceptible to hacking and theft when servers aren’t properly protected.
  6. Credential stuffing — Credential stuffing aims to gain private access through the utilization of stolen login credentials. The most common occurrence of credential stuffing happens when the same login information is used for multiple websites and accounts.
  7. Accidental sharing — Accidents happen. But when accidents contain confidential and sensitive information, company cybersecurity can be at risk. This type of threat is usually the result of human error rather than a hacker or malware issue.

Experts predict that, by 2023, cybercriminals will be stealing nearly 33 billion records per year. Learn more about protecting your organization against these cybersecurity threats by contacting Reith & Associates Insurance and Financial Services Limited today.

Nikki Johnson No Comments

Social Media Security

By:  Dan Reith  BA(Hons) CAIB

        Principal Broker

        Reith & Associates Insurance and Financial Services Limited

While social media can help organizations engage with customers and expand their reach, using it comes with potential risks. These risks can range from minor damages to your brand image to major cyber attacks that target sensitive information, resulting in costly recovery and lawsuits. The following are some of the biggest risks associated with using social media as well as tips to avoid them.

EMPLOYEES

One of the biggest risks to any organization’s social media security is its employees themselves. User error, a lack of education and carelessness can all become incredibly costly when dealing with social media.

As such, it’s important to invest time in developing a social media policy that clearly outlines the purpose, procedures and expectations of appropriate social media use. Additionally, employees need to be educated on the importance of this policy, as well as the threats that social media poses and how to identify them. Regulate the number of people with access to official social media accounts to only those who are educated, trusted and absolutely necessary for daily operations.

SCAMS AND PHISHING ATTACKS

Like with any other form of internet use, scams and phishing attacks are a constant risk when dealing with social media. Malicious links disguised as news reports, videos or familiar social media accounts could be used to trick users into sharing secure information.

Be wary of any links that appear suspicious, and never disseminate secure information in a way other than it is intended to be shared by policy. Knowing how to identify suspicious links or web pages can be the difference between an incredibly costly mistake and a near miss. For example, shortened URLs found on Twitter may link to webpages built to look identical to familiar websites, and third-party applications may be designed to reveal the user’s private information to a third party.

UNSECURED MOBILE DEVICES

Most social network access is through mobile devices, and, while some organizations may issue company-owned devices for this purpose, the organization’s social media accounts are most often accessed by the employees’ devices themselves. The fact that these devices travel everywhere with the employees makes them especially vulnerable to potentially unwanted or inappropriate access.

All mobile devices with social media access should be locked with a password when not in use. Doing so can protect private information from falling into the wrong hands in the event that an employee with social media access loses their device.

INATTENTIVE USE

Not paying attention to an organization’s social media accounts may seem harmless at first, or even preferable compared to engaging in use that might seem risky. However, being inattentive to social media can bring its own risks. For example, a social media account that becomes hacked could start spreading harmful fraudulent messages or viruses, causing much more harm if it is not caught immediately.

Keep a close eye on all social media accounts—even if you only created them to reserve your brand’s handle and don’t intend to use them in the near future—and be ready to act if one of them becomes compromised.

MALWARE ATTACKS AND HACKING

Even when exercising proper social media security tactics, there is always the possibility that your accounts will become compromised through sophisticated malware attacks and hacking. After all, unlike your organization and employees, hackers are not limited to the five-day workweek to carry out their plans and could strike at any time.

Invest in security technology to watch your social media accounts 24 hours a day, and have a person in charge who will be able to receive alerts and respond to them as soon as a problem is detected.

Contact Reith & Associates Insurance and Financial Services Limited today at 519-631-3862 to learn more about social media security.

Nikki Johnson No Comments

Cyber Risks & Liabilities

By:  Dan Reith  BA(Hons) CAIB
       Principal Broker
       Reith & Associates Insurance and Financial Services Limited

Do You Have Adequate Cyber Insurance?

Given the number of variables, picking a cyber insurance policy can be a difficult task. Furthermore, while an organization may think it is protected by its current policy, new developments in cyber security and ventures by the organization itself may make those policies inadequate. Worst still, most, over 80% of Canadian small-medium enterprises fail to carry cyber insurance. Consider the following when creating or reviewing your existing cyber insurance plan.

Assess Your Unique Cyber Risks

Such as with any other liability policy, it’s important to understand the specifics of your cyber risks before picking a cyber liability policy. There is no one-size-fits-all, so asses your business needs to understand the best cyber insurance for you.

The following factors are some examples of what defines your organization’s distinct cyber risks:

  • The type of data your organization stores
  • How and what type of data is shared with business partners
  • Types of communication systems used and their level of security

Know What Policies Are Available and What They Cover

Cyber insurance policies may vary significantly due to the absence of market standardization. While most policies provide first-party and third-party coverage, the details of what is covered can vary across policies. First-party coverage typically includes data breach response costs and business interruption costs that result from network failures, data breaches or ransomware attacks. Third-party coverage typically includes coverage for the costs associated with responding to regulatory investigations and indemnification for regulatory fines or penalties. Take a close look at the terms and coverage offered in each policy for what most closely aligns with your unique cyber risks.

Know Your Responsibilities

Closely examine your selected plan to know your responsibilities, such as who to notify if there has been a breach. For example, a data breach that has been recently discovered might have, in fact, been compromised for years, requiring a retroactive cyber insurance plan. Understanding these requirements and what needs to be reported can be the difference between being covered and not being covered at all. Work these requirements into your organization’s incident response plan to ensure they are followed.

The Atypical Devices That May Be Vulnerable to Cyber Attacks

Increasingly more non-computing devices, such as equipment sensors, industrial control systems and teleconferencing equipment are being connected to global computer networks. Unfortunately, many of these devices are typically not held up to the same cyber security standards, therefore adding an additional vulnerability through which cyber criminals may be able to gain access to your organization’s valuable data or manipulate critical systems.

The Internet of Things

The internet of things (IoT) refers to the connection of web-enabled devices that are connected to each other in a network to exchange information. While this provides many benefits, such as reducing the need to input the same data into multiple systems and gathering data from different sources to be analyzed and used in a centralized location, there are risks associated with it.

For example, if a single device is compromised in a cyber attack, the data from all connected devices and even the devices themselves could be compromised. As such, all it takes for an outsider to gain access to sensitive information is to identify the device with the weakest cyber security that also has access to the network.

Securing IoT Devices

When looking to purchase and connect new devices to the IoT, ensure that there are plans and policies in place to minimize the chances of a cyber threat against those devices. Conduct a sweep of your organization to identify electronic devices and determine if each one is connected to a network that could be exposed to a cyber event, as well as what kind of data those devices are sending and receiving. Keep in mind that even seemingly mundane systems or devices such as heating, ventilation and air conditioning units could be running basic computer operating systems with the potential to connect to the internet. Track these devices by creating an asset map that lists the connected devices.

From here, you can start planning how to secure the devices that pose the largest threat of cyber exposure. Segment the network so that not every device provides access to the entire system, check for security updates or patches where possible and reach out to the device’s manufacturer for information if necessary. Restrict personal IoT devices to a separate network (like a guest Wi-Fi), update all default passwords on connected devices, use two-factor authentication and ensure that data generated by IoT devices is encrypted.

When looing for a provider of cyber insurance, don’t settle for just any provider.  Interview them, and ensure their knowledge of the product and of your unique exposure is sufficient to ensure you the protection your business requires.