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The use of technology for business purposes

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Online negligence and content liability. 7. Third-party negligence, breach of contract ... courtesy of citibank. Image used with the permission of bizzed.com ... – PowerPoint PPT presentation

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Title: The use of technology for business purposes


1
The use of technology for business purposes
  • University of Texas Austin
  • Introduction to Risk Management Insurance
  • Patricia M. Arnold, CPCU, ALCM

2
Risk Management
  • Identify risks
  • Quantify magnitude of loss/damage
  • Review options
  • Identify most advantageous
  • Implement, monitor

3
1. Identify risks
  • _at_ Law, Insurance the Internet
  • Risks business interruption and thirdparty
    liability
  • Does property damage include loss of access,
    loss of use and functionality?
  • What are the consumers reasonable expectations?
  • What are the insurance consumers reasonable
    expectations?

4
Physical Damage to covered property (accidental)
  • Fire, water, wind, crime....
  • Valuable papers and records
  • Accounts receivable
  • Money and securities
  • to your property or property of others for which
    youre responsible.

5
ID risks
  • Publication of images, news, reports
  • Use of data, design of database
  • Outsourcing
  • Dependent properties
  • Uninterrupted power supply
  • Access to market customers

6
New trends
  • Failure to fulfill consumer expectations
  • Inaccurate advice, misrepresentation
  • Failure to deliver (or maintain) working system
  • Online negligence and content liability

7
Third-party negligence, breach of contract
  • Failure to Perform
  • vendor design reliance
  • Delay, Loss of Market
  • vendor failure to deliver
  • Unintended Access Use
  • hackers, viruses, fraud
  • On-line problems not resolved with customers

8
Risks as they appear in insurance coverage
  • Legal Expenses
  • Legal Liability Exposures
  • Premises/Operations, Products/Completed
    Operations
  • Errors Omissions, Professional liability, Media
    Liability
  • Contract Liability
  • Employment Liability

9
2. Quantify magnitude of loss / damage
  • The FTC says that over a one-year period, nearly
    10 million people had discovered that they were
    victims of identity theft.
  • Estimated losses translated into 48 billion for
    businesses and 5 billion to consumers.
  • One in five employers has had to divulge employee
    emails in a discovery order.

10
Evaluating
  • Values exposed?
  • Locations?
  • Contracts with others?
  • Employees? Their use of information?
  • Security of transactions?

11
3 4. Determine and Select among options
  • Redundancy, back-up copies
  • Control, training, certification
  • Outsourcing, contracts
  • Security measures
  • Risk transfer techniques
  • Insurance
  • Bonds (e.g., BuySafe)
  • RFID?

Buysafe is a bonding service for eBay users. It
verifies merchants' identities and confirms they
are financially stable. In the first 16 months of
business, Buysafe sealed over 1.2B worth of
transactions and more than half a million bonds.
Sellers pay 1 of their final sales price for
each bonded item. Sellers gain the Buysafe logo,
which should help them to sell more -
particularly more expensive items.
12
Redundancy
  • Many companies protect their data by using a
    technology called RAID (Redundant Array of
    Independent Disks), which copies all files to a
    second hard drive as they are created. If the
    first hard drive ever fails, the second drive
    contains an up-to-the-minute "mirrored" copy of
    all the data. The downside is that adding RAID
    requires opening your PC to install a RAID
    controller and at least one more hard drive.
  • To simplify this, several companies are creating
    RAID external hard drives that connect via USB or
    FireWire, or over a network.

13
U.N. Control of the Internet and Open Information
  • Day to Day, October 14, 2005
  • There are international efforts to move central
    control of the Internet from the United States to
    a United Nations group.
  • Day to Day technology contributor Xeni Jardin
    reports that some critics of the proposed move
    question whether it would give too much control
    to countries that don't embrace the idea of open
    information.

14
5. Implement plan, monitor be
  • Back-up copies
  • Security measures
  • Risk transfer techniques
  • Insurance
  • Bonds

15
Insurance
  • Underwriting, marketing, risk management
  • Do we have a market here?
  • Do we have a viable product?

16
Accepting Credit Cards on your
websitecourtesy of citibank
Image used with the permission of bizzed.com
17
eCommerce Insurance
  • Why? For guarantees of quality, compliance,
    credit, authority, identity.
  • According to Forrester Research
  • Three new classes of solutions providers -
    eCommerce trust brokers, information suppliers,
    and underwriters - will work together to develop
    insurance suites

18
How to deal with emerging risks pricing, data
collection, risk management services
  • Traditional approach
  • Eligible? Acceptability?
  • COPE, premium basis times rate?
  • Place coverage?
  • Additional coverages needed?
  • Exclusions appropriate?
  • Risk Management?
  • Losses, Review, Audit, Survey?

19
Yesterday and Tomorrow
  • Application information will adapt - requesting
    email address, website address, encryption
    practices, clientele...
  • Yesterdays risk management strategies will
    evolve, assuming fault tolerance is
    effective....
  • Underwriting will evolve - expectations of
    coverage will challenge traditional coverages and
    premium strategies...

20
Underwriting
  • Depend on it - the uses of the internet are
    ever-changing!
  • The degree of risk may not be measurable and
    manageable by the traditional means.
  • Payroll, receipts, square footage, sales
  • Fire Protection, Construction,
  • Tangible values

21
Issues for insurance industry
  • When did the insurable transaction take place
    (insuring a second in time) - does the annual
    policy term still make sense?
  • If transactions grow as predicted (158 in the
    eMarketplace over the next two years), how much
    insurance is enough? (what are the potential
    liabilities and vulnerabilities?)
  • Risk Management and Reunderwriting activities
    demand new skills.

22
Useful Links
  • Integrating IT Security into the Capital Planning
    and Investment Control Process
  • AIG NetAdvantage-The Definitive Guide to
    insurance and reinsurance of internet, eCommerce,
    and cyber perils
  • Study Security still top IT spending
    priority- IDG News Service 11/18/05
  • Links to Legal Resources (U S Govt)
  • Professional Liability
  • Insuring First-Party Cyber Risk for Fortune 1000
    CompaniesA Worthwhile Endeavor or Boondoggle?
    (November 2002 by Michael A. Rossi Insurance Law
    Group, Inc.)
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