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Why cyber insurance does not transfer the core risk of VC & PE funds and why we have invested in Risk Partners cyber master agreements.

Why cyber risks are relevant for venture capital and private equity funds

With the increasing growth of the cybercrime industry(see Federal Office for the Protection of the Constitution), venture capital (VC) and private equity (PE) funds and their fund managers are also increasingly exposed to cyber risks. This has been reflected for years in the claims we have been able to support, in which fund managers take first place year after year in the sectors we support. In addition, regulatory pressure, such as the DORA regulation, ensures that alternative investment fund managers (AIFM/KVG), which are fully regulated by BaFin, must actively improve their cyber security. Despite all these measures, a residual risk remains:

  • What happens if attacks are successful and have serious consequences such as data loss or bank transfer fraud?

However, cyber insurance is often overrated in the industry when it comes to the latter; instead, crime insurance (also known as fidelity insurance) plays a crucial role in protecting the persons involved and the AIFM.

In addition, the role of cybercrime is becoming increasingly complex. Attackers are increasingly relying on automated tools and artificial intelligence (see e.g. CFO-Scam with Deepfake) to find vulnerabilities in systems and carry out attacks with precision. It is therefore essential for fund managers to rely not only on technical solutions, but also on organizational and financial protective measures ("insurance").

Crime insurance: An important building block for fund managers, especially for larger AIFMs

While cyber insurance focuses on protecting against digital attacks and losses suffered by the insured, crime insurance (fidelity insurance) primarily addresses the following two aspects:

  1. Protection against transfer fraud: e.g. attacks such as "fake president fraud" (possibly e.g. with AI deepfake video calls) or other forms of payment fraud have increased dramatically among PE/VCs in recent years. Crime insurance covers losses caused by unlawful money transfers - for example in LP payouts, capital calls or start-up investments, provided it is the fault of the KVG or its employees.

  2. Protection against intentional fraud by persons of trust: Internally caused losses, for example due to unauthorized or fraudulent actions by an investment manager, can also result in high losses, but are insurable against assignment of the right of recourse against the offender to the insurer.

Crime insurance therefore complements cyber insurance and should be an integral part of any risk management system. In our view, it is even the more relevant protection for many fund managers.

4 pillars of cyber insurance for venture capital and private equity
The four building blocks of cyber insurance with valuation for venture capital and private equity

Added value risk parteners: cyber framework agreements with a focus on VC/PEs

Risk Partners has negotiated framework agreements with cyber insurers that are specifically tailored to the needs of VC/PE funds. These contracts offer:

  • Coverage from as little as EUR 800 net annual premium for smaller AIFMs.

  • Crime modules with a sum insured of up to EUR 0.25 million

  • Additional assistance and forensic services to relieve fund managers in the event of an emergency.

  • etc.

Added value and limits of cyber insurance for venture capital and private equity AIFM

Cyber insurance provides important insurance cover, in particular through:

  • Assistance services: In the event of an emergency, the insurance provides 24/7 assistance through specialized service providers to quickly restore systems and make use of forensic services and covers the costs for this

  • Liability component: The liability component can be crucial, especially for VC/PEs ("operational VC/PEs") with significant data exposure. It covers damage caused by data loss, betrayal of secrets or data protection breaches.

In addition, some cyber insurers can also insure extortion money, although this is currently the subject of critical debate in the industry. As Risk Partners, we are happy to ensure that these modules are optimally integrated into existing risk management systems (e.g. for E&O insurance for KVG). 

What comprehensive insurance cover against cybercrime can look like

Effective insurance cover for VC/PE funds is made up of several components:

  • E&O insurance: This covers wrong decisions and operational risks. Optionally, our Moonshot (VC)/Asset Protect (PE) can be supplemented with a crime module.

  • Crime insurance: Protection against fraud by internal and external actors.

  • Cyber insurance: Cover for specific cyber risks such as claims for damages from start-ups/third parties, supplemented by assistance services.

Irrespective of the insurance policy taken out, we recommend that all GPs look into offers in this regard and document this well, as, according to established case law, failure to take out an insurance option can trigger directors' and officers' liability and thus lead to private liability (D&O insurance claim). Ideally, in such a case, you can point out that the relevant insurance policies have been taken out and provide documentary evidence of this(business judgment rule).

Crime insurance and E&O insurance as a supplement to cyber insurance.

In addition to the insurance modules, a strategic approach to optimizing protection is essential. We recommend this to our clients:

  • Prevention: Implementation of clear guidelines, e.g. dual control principle for payments and (software-based) separation of approval and payment.

  • Operational risk management: training and payment policies to minimize errors.

  • Safeguarding portfolio companies: Startups in particular should take similar protective measures to reduce their own risks. Attacks on startups, for example by hackers, can also indirectly affect fund managers, as in the worst-case scenario there is a risk of write-downs or the startup can be the cause of transfer fraud and AIFM cover can therefore come to nothing ("Crypto exchange Lykke finally gives up after hack"). We are therefore increasingly seeing specific requests for insurance cover from US investors. We are happy to offer via our Risk Partners Technology GmbH we are happy to offer special advice on insurance solutions for technology companies that specialize in high-growth deep and tech companies.

In addition, we recommend carrying out regular cyber simulations to identify potential vulnerabilities in existing systems. Such tests can reveal not only technical but also organizational deficits and provide valuable insights for improving the security architecture. Good cyber insurance policies include this.

Questions? Book your consultation appointment.

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