GDPR and CCPA Insurance Coverage Issues: Disclosure/Deletion Violations, Regulatory Claims, Statutory Damages

Insurance Coverage Considerations for Privacy and Data Breaches Under State and International Privacy Laws

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, September 15, 2020

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will address the insurance coverage issues raised by General Data Protection Regulation (GDPR), California Consumer Privacy Act (CCPA), and the growing list of state privacy statutes. The panel will provide practical guidance for insurance counsel on the new rights, obligations, and remedies under CCPA and GDPR, and innovative ways to use insurance to protect client interests.

Description

When it took effect on Jan. 1, 2020, the California Consumer Privacy Act (CCPA) with enforcement to begin July 1, 2020, was arguably the most comprehensive privacy law in the United States. Since then, several other states have enacted privacy laws, including New York, Maryland, Massachusetts, Hawaii, and North Dakota. New York's law may now be broader than the CCPA.

Companies that fail to comply with these new privacy rules may face regulatory enforcement actions, fines, consumer litigation, and loss of customer goodwill.

Many companies are diligently working towards bringing their internal practices into compliance and obtaining insurance coverage for the new statutory exposures. Unfortunately, many of the cyber policies currently on the market may not provide adequate coverage for the latest legal risks. A few insurers have begun to address this market need by creating new products. Still, questions remain about whether insurers will cover new litigation claims under CCPA and other state privacy laws and whether fines under the European Union's General Data Protection Regulation (GDPR) are insurable.

Listen as our authoritative panel offers practical guidance on these issues for both policyholder and insurer counsel. They will address how to determine if a company is subject to the new privacy laws and the consequences of failure to comply. They will also discuss the protections offered by insurance and how policies can be modified to enhance those protections.

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Outline

  1. Overview
  2. GDPR
  3. CCPA
  4. Other states
  5. Key insurance issues
  6. Strategies and practical guidance
    1. Compliance strategies
    2. Enhancing insurance coverage
  7. Conclusion

Benefits

The panel will review these and other high priority issues:

  • What are the key features of the GDPR, CCPA, and new state privacy laws?
  • What potential liabilities can companies face for noncompliance?
  • How has the insurance industry responded to the new regulations?
  • How does one determine whether a company is subject to GDPR, CCPA, or other laws?
  • What types of insurance policies are needed to cover the new statutory exposures?
  • What steps should companies and their counsel take immediately to assess the adequacy of their existing insurance programs?
  • How have other states adapted California's law in their statutes?
  • What are the most significant coverage issues that the insurance industry has left unresolved?

Faculty

Everett, Jennifer
Jennifer C. Everett

Partner
Jones Day

Ms. Everett's practice focuses on cybersecurity, data privacy, and employment. She advises multinational clients on...  |  Read More

Karlinsky, Fred
Fred E. Karlinsky

Co-Chair, Insurance Regulatory & Transactions Practice
Greenberg Traurig

Mr. Karlinsky has more than 25 years of experience representing the interests of insurers, reinsurers and a wide...  |  Read More

McDonald, Brian
Brian D. McDonald

Partner
Jones Day

Mr. McDonald is an Insurance Recovery partner in Jones Day's San Francisco office. He has counseled policyholder...  |  Read More

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