Updated: August 20, 2025

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Key Takeaways

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No states legally require you to buy cyber insurance, but you should strongly consider it if you handle sensitive data.

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If you're in health care, financial services, or technology, you'll need protection against costly regulatory fines and breach expenses.

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Also consider professional liability, crime coverage, and business interruption policies to fill gaps that basic cyber policies won't cover.

How Does Cyber Insurance Work?

Cyber insurance provides financial protection through two types of coverage:

  • First-party coverage: Covers your direct costs like system recovery, data restoration, business interruption losses, forensic investigations and employee notification expenses.
  • Third-party coverage: Covers lawsuits, regulatory fines and legal defense costs when customers or partners sue you over a breach.

When a cyberattack happens, you file a claim with your insurer like any other business insurance. You'll pay your deductible, then your insurer covers eligible expenses up to your policy limits. Your provider assigns specialists to help with incident response, legal requirements and getting your business back online.

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Do You Need It In Health Care & Medical Practices

Health care practices handle sensitive patient information, from medical histories to Social Security numbers. Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) regulations, medical practices must put safeguards in place to keep patient data secure. This federal law holds health care providers accountable for protecting patient information, creating major compliance obligations.

When a data breach happens, you have 60 days to contact your patients. Otherwise, you'll face regulatory fines, legal fees and potential lawsuits, which can strain your resources and disrupt business. Cyber insurance helps you manage these costs so that you can focus on patient care during crises.

Do You Need It In Financial Services

Financial services firms don't have to buy cyber insurance by law, but it's essential. This industry faces steep regulatory penalties when you have cybersecurity gaps, and cyber insurance helps cover those costs.

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    The Securities and Exchange Commission's (SEC) 2023 cybersecurity rules require public companies to report material incidents within four business days, and the agency actively enforces violations with hefty penalties.

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    Missing basic security controls, like multi-factor authentication or weak internal systems, can trigger regulatory action from agencies that expect solid cybersecurity programs.

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    When firms don't properly report cyber incidents or data breaches to state and federal regulators, they face fines possibly reaching millions of dollars.

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    SEC takes Sarbanes-Oxley (SOX) violations seriously, enforcing Section 404 requirements for internal controls on financial reporting. Executives who willfully certify false reports face substantial fines and potential imprisonment.

Do You Need It In Retail and E-commerce

No federal or state laws require retail and e-commerce businesses to carry cyber insurance. However, all states have data breach notification laws that create costs when incidents occur.

A data breach means contacting customers, reporting to government agencies, and often paying for credit monitoring. In Massachusetts, you must notify state agencies when breaches happen. Washington, D.C. goes further: you must cover 18 months of identity theft protection if social security numbers get exposed.

The Federal Trade Commission recommends cyber insurance to help protect your business against losses from cyber attacks. It covers breach response costs and business interruption expenses that most general liability policies won't cover.

Do You Need It In Professional Services

No laws require professional services businesses to carry cyber insurance, but these firms face unique risks that make coverage valuable.

Professional firms like law practices, consultants and accounting offices hold valuable client data but typically don't have robust security systems. This combination makes them attractive targets, according to Cybersecurity and Infrastructure Security Agency (CISA). A data breach can trigger state notification rules, expose you to lawsuits over broken confidentiality and seriously damage your reputation.

Cyber insurance helps cover these costs, from hiring breach response specialists to managing client notifications and defending against malpractice claims.

Do You Need It In Technology and IT Services

Technology and IT services companies aren't legally required to purchase cyber insurance. But many don't realize that even the best cybersecurity can't prevent every breach. When it happens, the costs add up fast.

Cybercriminals love targeting smaller tech companies because they're easier to break into than large corporations, but still handle valuable client data. When a breach happens, you're looking at substantial recovery costs that could be more than what most small businesses can handle out of pocket.

Is Cyber Insurance Enough?

Cyber insurance covers the basics, but many businesses need additional protection depending on their industry and operations. For instance, if a health care provider's Electronic Medical Records (EMR) system gets hacked due to poor implementation, cyber insurance covers the breach response, but Errors & Omissions (E&O) insurance covers the malpractice claim.

Health Care

Malpractice insurance, Directors and Officers (D&O) liability

Medical malpractice claims can result from delayed treatments due to ransomware attacks. D&O coverage protects leadership from lawsuits related to data breach response decisions.
Financial Services

E&O insurance, D&O liability, crime insurance

Bad financial advice during a cyber crisis can trigger malpractice lawsuits that cyber insurance won't cover. D&O liability protects executives during regulatory investigations. Crime insurance covers internal fraud when normal controls fail during system outages.
Technology/IT Services

Tech E&O insurance, professional liability

When your software fails or systems crash, clients can sue for damages that exceed data breach costs.
Retail/E-commerce

Product liability, business interruption, crime insurance

Product liability covers defective products sold through compromised online systems. Extended business interruption coverage handles longer downtimes. Crime insurance protects against payment fraud and employee theft.
Professional Services

Professional liability, employment practices liability

If your consulting advice goes wrong during a cyber crisis, you'll face lawsuits cyber insurance won't touch. Employment practices liability handles wrongful termination claims during downsizing after cyber incidents.
Manufacturing

Product liability, business interruption, supply chain coverage

Cyber attacks can affect production quality, leading to product defects. Extended business interruption covers supply chain disruptions. Supply chain coverage handles vendor-related cyber incidents.
Real Estate
E&O coverage, crime insurance
When hackers mess with your systems, real estate deals can go wrong in multiple ways cyber insurance doesn't cover. E&O coverage handles transaction mistakes during outages, while crime insurance protects against wire fraud schemes targeting property deals.

Cyber Insurance Requirements: Bottom Line

You're not legally required to buy cyber insurance, but that doesn't mean you should skip it. Companies in health care, finance and tech are most affected when data breaches happen. Basic cyber insurance helps, but you'll need other coverage, like professional liability and crime insurance.

Do You Need Cyber Insurance: FAQ

These are the most frequently asked questions business owners ask about cyber insurance requirements. We've answered them below:

Is cyber liability insurance legally required for my business?

Do I need cyber insurance if I'm a small business?

When is cyber insurance required for health care practices?

When do financial services firms need cyber insurance?

Do I need cyber insurance if I already have other business insurance?

What happens if I don't have data breach insurance when an incident occurs?

What cyber insurance requirements should I consider for my industry?

About Mark Fitzpatrick


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Mark Fitzpatrick, a Licensed Property and Casualty Insurance Producer, is MoneyGeek's resident Personal Finance Expert. With over five years of experience analyzing the insurance market, he conducts original research and creates tailored content for all types of buyers. His insights have been featured in publications like CNBC, NBC News and Mashable.

Fitzpatrick holds a master’s degree in economics and international relations from Johns Hopkins University and a bachelor’s degree from Boston College. He's also a five-time Jeopardy champion!

Passionate about economics and insurance, he aims to promote transparency in financial topics and empower others to make confident money decisions.


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