1. The Law and Economics of Cyber Insurance Contracts: A Case Study.
- Author
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NIEUWESTEEG, Bernold, VISSCHER, Louis, and DE WAARD, Bob
- Subjects
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CYBERTERRORISM , *INSURANCE , *COMPUTER crimes - Abstract
We combine cyber risk literature with insurance law and economics literature to study cyber insurance contracts. We aim to explore to what extent current cyber insurance contracts contribute to social welfare, both theoretically and empirically. First, we discuss main trade-offs in insuring cyber risk within a theoretical framework. This framework also includes strategic behaviour of market participants and impediments for market growth that result from the complex dynamics of cyber risk. Subsequently, a case study in the Netherlands compares the theoretical expectations with the actual state of cyber insurance contracts, prices and market participants. The results suggest that insurers currently halt between two options: either a strategy of rigorous market penetration with easily accessible and attractive insurance products, or a strategy of significant hedging of correlated risks that reduces the potential of cyber insurance. We aim to assist lawyers, legal counsels and judges when drafting or reviewing actual cyber insurance contracts. [ABSTRACT FROM AUTHOR]
- Published
- 2018