Effective contractual risk transfer is a key element in contract negotiations before a cyber event occurs.
Amid contractual negotiations over price and service levels, questions of cybersecurity, liability, and insurance can easily slip through the cracks. A lack of contractual clarity can result in later disputes over liability, who or which insurer should cover the costs, and which company should manage the incident.
Clarifying these issues can help to proactively address issues such as:
In this article, Marsh provides actionable guidance about the issues to consider and steps to take when negotiating contracts to ensure you are protected.