First-Party vs. Third-Party Cyber Liability Insurance | TechInsurance (2024)

Data breaches that expose sensitive digital assets can cause expensive lawsuits. Learn the difference between first-party and third-party cyber liability insurance and how these policies can help your business handle cybercrime.

First-party vs. third-party cyber insurance: How do the coverages differ?

Cyber liability insurance is an increasing necessity for businesses in all industries, particularly for IT companies.

Insurance providers have developed two types of cyber liability insurance to help companies respond to and recover from data breaches:

  • First-party cyber liability insurance helps you respond to data breaches on your own network or systems.
  • Third-party cyber liability insurance helps pay for lawsuits caused by data breaches on a client’s network or systems.

A data breach occurs when an unauthorized party gains access to digital assets on a business’s network, hardware, software, or mobile devices.

Most cyber liability claims begin with a data breach

A data breach occurs when an unauthorized party gains access to digital assets on a business’s network, hardware, software, or mobile devices. A data breach puts you at risk for insider trading, fraud, cyberextortion, and other criminal activities.

Examples of digital assets

You may have more digital assets than you realize. A company’s digital assets can include but are not limited to:

  • Intellectual property
  • Employee records
  • Customer data, such as credit card information or Social Security numbers
  • Financial statements
  • Media files

Common causes of a data breach

Typical causes of a data breach include:

  • Phishing scams
  • Malware attacks
  • Improper IT security practices
  • Hardware or software malfunctions
  • Cyberattacks from inside an organization

Compare small business insurance quotes for your company

First-Party vs. Third-Party Cyber Liability Insurance | TechInsurance (1)

First-party cyber coverage helps respond to a data breach

Any business that stores information can fall victim to a data breach. Companies that store sensitive data such as credit card information are more likely to be targeted by cybercriminals and also have more to lose.

A first-party cyber liability insurance policy covers:

  • Notifying customers that their personal information was exposed
  • Purchasing credit monitoring services for affected customers
  • Investigating the source of the data breach
  • Launching a public relations campaign to help restore a company’s reputation after a data breach
  • Reimbursing a company for business interruption and revenue lost while handling the data breach
  • Paying ransom to a cyberextortionist who is holding data hostage

Third-party cyber coverage helps protect against data breach lawsuits

Third-party cyber liability insurance protects your business when a data breach occurs on a third party's network or systems.

When major companies file data breach lawsuits, they typically name every party that worked on the compromised system, including independent contractors and freelancers. Even if you touched just a small part of a project and never had direct contact with the company, you could still face a lawsuit.

If a client sues you over such an incident, third-party insurance will help cover attorney's fees, court costs, and damages.

Examples of events that might prompt a lawsuit include:

  • Allowing an email virus to infiltrate a client’s network via a security hole
  • Failing to patch a server vulnerability that allows hackers to access a client’s confidential information
  • Using weak passwords on a client's system that made it easier for cybercriminals to access company data
  • Recommending an insecure service to a client

Technology E&O insurance can include both types of cyber coverage

Most insurance providers include both first-party and third-party cyber liability insurance in policies for tech businesses.

This kind of E&O insurance – called – will protect your technology business from lawsuits over data breaches, professional mistakes, incomplete work, and missed deadlines.

Minimize cyber risks with contract language

Employing vigilant cybersecurity practices and protecting yourself with insurance are the two best data breach risk management strategies.

You can also include clauses in contracts to help minimize your liability. An attorney can help you draft separate contracts for specific projects.

Examples of ways you might protect yourself include:

  • Limiting product or service warranty times
  • Limiting the types of damages for which you are liable
  • Limiting the amount of money for which you are liable
  • Holding the original software or hardware manufacturer liable for product defects

However, if you're working with a large client that has more leverage than your small business, your proposed liability limitations might not make the final draft.

Get free quotes and compare policies with TechInsurance

TechInsurance helps tech and other small business owners compare business insurance quotes with one easy online application. Start an application today to find the right policy at the most affordable price for your business.

Explore reviews from our customers

Learn More

What does technology errors and omissions insurance cover?How much cyber liability insurance do you need?How much does cyber liability insurance cost?Business insurance for tech and software companiesBusiness insurance for LLCs

RELATED POLICIES FOR YOUR BUSINESS

First-Party vs. Third-Party Cyber Liability Insurance | TechInsurance (2)Cyber liability insurance

First-Party vs. Third-Party Cyber Liability Insurance | TechInsurance (3)

First-Party vs. Third-Party Cyber Liability Insurance | TechInsurance (4)General liability insurance

Topics

  • Cyber liability insurance

  • IT / Tech professionals

First-Party vs. Third-Party Cyber Liability Insurance | TechInsurance (2024)

FAQs

First-Party vs. Third-Party Cyber Liability Insurance | TechInsurance? ›

First-party cyber insurance covers the costs of a data breach that happened to the company named on the policy, or the insured. Third-party cyber insurance provides liability coverage for a business that is responsible for a client's systems or network.

What is the difference between first party and third party cyber liability insurance? ›

First-party cyber liability insurance helps you respond to data breaches on your own network or systems. Third-party cyber liability insurance helps pay for lawsuits caused by data breaches on a client's network or systems.

Which is better, first party insurance or third party insurance? ›

As a rule of thumb, it would be better to enroll for first party insurance as it is comprehensive. In case of damages or accidents, you would definitely want insurance cover for your vehicle. As first party insurance covers damages to both the vehicle and its owner, it is the ideal type of policy to opt for.

What is the basic difference between the first party and third party liability insurance? ›

First-party insurance covers the damages or losses caused to the policyholder or his/her vehicle. Covers the damages sustained The damages can be sustained during riots, strikes, earthquakes, floods, fire, theft etc. Third-party insurance covers damages or losses caused only to the third party due to an accident.

Which risks are covered under first party and third party insurance? ›

First-party insurance helps you respond to data breaches on your own organization's network and systems, while third-party insurance helps pay for any lawsuits caused by data breaches on a client or partner's network and systems.

What is the difference between first party and third party insurance claims? ›

First-party and third-party insurance claims are different ways to make insurance claims. A first-party insurance claim is a claim you make directly against your own insurance. A third-party insurance claim occurs when you submit a claim to someone else's insurance provider.

What is the difference between first party and third party customers? ›

What is first-party vs. third-party data? First-party data is what you collect from your audience directly, via your own channels. Third-party data is collected by another entity that is entirely separate from your relationship with your audience.

When should I switch to third party insurance? ›

If your car is damaged in the same event, and the accident is your fault, it won't be covered for repairs. So, if the value of your car isn't huge, third party car insurance may be enough cover for you. But if you think you'll need to cover your vehicle, comprehensive car insurance might be worth considering.

Why use third party insurance? ›

Third-party insurance is a form of liability insurance that covers you when someone makes a claim against you for damages. A common example of this is auto insurance, which will pay another driver who is injured in an accident that you have caused. Another common type of third-party insurance is for property damage.

What is the most common third party insurance? ›

Two common types of third-party insurance policies are homeowners insurance policies and auto insurance policies. While homeowners aren't legally required to carry this coverage, most states require drivers to carry a minimal amount at all times.

What is an example of a third party cyber claim? ›

Situations that could result in a Cyber Related (Third Party) Loss
  • Unintended disclosure of information.
  • Accidentally sent e‐mails. ...
  • Theft or loss of laptops, PDAs, smartphones, tablets, flash drives, and/or other electronic devices that contain personal or confidential client/customer information.
Mar 11, 2022

What is the difference between third party and first party indemnity? ›

Third party claims occur when one party to the contract agrees to indemnify the other party from claims brought by a third party, or person not part of the agreement. First party claims, on the other hand, provide indemnification for claims resulting from the conduct of one of the parties to the agreement.

What is first versus third party? ›

Your business can collect first-party data from your website users and store it in your customer relationship management (CRM) software or customer data platform (CDP). Third-party data is collected by independent researchers and other businesses and entities that aren't affiliated with your website.

Which insurance is best, first-party or third party? ›

First-party insurance provides extensive coverage, ensuring financial protection for your vehicle and yourself. In case of an accident, theft, or damage, the insurance policy takes care of the repair or replacement costs, reducing your financial burden, which is not offered in third-party policy.

What is the difference between 1st party and 3rd party cyber insurance? ›

First-party coverage is like commercial property insurance. It covers a company's own damages from covered cyber losses. Third-party coverage is like general liability insurance. It covers legal expenses that result from a firm being blamed for causing another business's cyber losses.

What are the two types of cyber insurance? ›

Types of Cyber Insurance

First-party cyber coverage ​​protects the company from direct losses due to a data breach or attack, including employee and customer information. Third-party cyber coverage protects the company from liability when a customer, partner, vendor, or other party sues following a breach.

What is third party in cyber security? ›

Third-party risk in cyber security occurs when organisations work with suppliers or partners which might cause security problems. This happens if these companies see or use the business's private data or computer systems. It can lead to issues like stolen information or harmful software getting into the systems.

What is the difference between first party and third party e commerce? ›

A 1P relationship means Amazon acts as the retailer, and you operate as a wholesale supplier to Amazon. Unlike 3P sellers who sell directly to consumers via Amazon's marketplace, 1P vendors are invited by Amazon to participate. To sell to Amazon in a 1P capacity, you need to be invited by Amazon directly.

Top Articles
Latest Posts
Article information

Author: Jerrold Considine

Last Updated:

Views: 5827

Rating: 4.8 / 5 (58 voted)

Reviews: 89% of readers found this page helpful

Author information

Name: Jerrold Considine

Birthday: 1993-11-03

Address: Suite 447 3463 Marybelle Circles, New Marlin, AL 20765

Phone: +5816749283868

Job: Sales Executive

Hobby: Air sports, Sand art, Electronics, LARPing, Baseball, Book restoration, Puzzles

Introduction: My name is Jerrold Considine, I am a combative, cheerful, encouraging, happy, enthusiastic, funny, kind person who loves writing and wants to share my knowledge and understanding with you.