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Cybersecurity & Privacy Predictions For 2018

January 1, 2018, Law360

Kurt Wimmer and John Buchanan are quoted in a Law360 article providing cybersecurity and privacy predictions for 2018.

Wimmer says, once Europe's General Data Protection Regulation (GDPR) is in force, non-EU countries around the world will begin looking at privacy regimes based on the 1995 Directive [which the GDPR will replace] and think about whether they ought to be updated—either to retain adequacy, or simply to keep up with Europe. He adds, "I believe we will have a very busy year working on the introduction and progress of new privacy and cybersecurity laws in non-EU countries."

Commenting on cyber insurance, which may increase in popularity, Buchanan cautions that policyholders should be cognizant of when there may be coverage for cyber-physical losses, such as bodily injury from the hacking of a medical device or property damage from the breach of networked infrastructure or industrial control systems. "Most cyber policies exclude bodily injury and property damage," he says. "Meanwhile, some insurers argue that recent amendments to standard general liability policies—traditionally purchased to cover bodily injury and property damage—now preclude coverage for cyber-related perils. Some insurers have recently touted new insurance products to fill the gaps. But are they actually available at an affordable price, and do they actually accomplish what they claim to do?"

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