Scope of Professional Indemnity Cover for breaches of the GDPR Regulations

Allianz and Medisec are satisfied that, subject to the terms and conditions of the Medisec master professional indemnity policy, underwritten by Allianz plc, there is scope for cover under the definition of Malpractice for potential exposure for breaches of the GDPR Regulations in respect of “unauthorised use of confidential information of a patient of the Practice or other breach of professional confidentiality in respect of a patient of the Practice”.

However, we would point out Exclusion 20 in the Policy. “Liability caused by or arising from the loss or alteration of or damage to or a reduction in the functionality, availability or operation of a computer-system, hardware, programme, software, data, information-repository, microchip, integrated-circuit or similar device in computer-equipment or non-computer-programme that results from the malicious or negligent transfer (electronic or otherwise) of a computer-programme that contains any malicious or damaging code including but not limited to computer-virus, worm, logic-bomb or Trojan horse.”

In view of the above exclusion, members are advised to consult with their insurance brokers and IT and legal advisors and to take advice in relation to whether they require separate indemnity cover for potential cyber liability exposure.

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