Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 FEBRUARY 2026

Insurability Of Cyber Fines: Navigating A Complex And Evolving Risk Landscape

A&O Shearman
A&O Shearman
Contributor

A&O Shearman

Introducing A&O Shearman Unparalleled global depth for a changing world. Today more than ever,...

View firm profile
Explore more from A&O Shearman

The regulatory perimeter for cyber fines has expanded sharply, and the insurability of those fines has become a pressing concern for organizations across EMEA .

United StatesInsurance
Charlie Weston-Simons
Charlie Weston-Simons
Steven Hadwin
Steven Hadwin
Laurie-Anne Ancenys
Laurie-Anne Ancenys
Dalila Korchane
Dalila Korchane
Hippolyte Marquetty
Hippolyte Marquetty
Nicole Wolters Ruckert
Nicole Wolters Ruckert
Thomas Declerck
Thomas Declerck
Peter Van Dyck
Peter Van Dyck
Catherine Di Lorenzo
Catherine Di Lorenzo
+11 more
Author LinkedIn connections

The regulatory perimeter for cyber fines has expanded sharply, and the insurability of those fines has become a pressing concern for organizations across EMEA .

The Insurability of cyber fines report—jointly created by Aon and A&O Shearman is a comprehensive view of the expanding sources of cyber fines across jurisdictions in EMEA, how regulatory enforcement is becoming more assertive, and how the insurability of cyber fines remains an uncertain, jurisdiction specific issue.

As cyber incidents proliferate across every sector and jurisdiction, organizations face a rapidly evolving regulatory environment. Laws and frameworks such as the EU's DORA (Digital Operational Resilience Act), the NIS2 Directive, and the UK's forthcoming Cyber Security and Resilience Bill are driving a dependency on greater cyber resilience.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

AI Regulation In Insurance: A Crossroads

As artificial intelligence development accelerates and safety concerns mount, state insurance regulators are advancing comprehensive examination frameworks to govern AI use in the insurance industry. The National Association of Insurance Commissioners nears completion of its AI Risk Evaluation Supplement, which will establish standardized oversight procedures for insurers' AI governance practices across market conduct and financial examinations.
United StatesInsurance
McDermott Will & Schulte
McDermott Will & Schulte
Article

Privacy, Cyber & Data Strategy Advisory | NAIC Summer Meeting Sharpens Focus On AI, Data, And Technology Governance

The National Association of Insurance Commissioners intensified its regulatory focus on artificial intelligence governance, third-party data models, and cybersecurity oversight at its Summer 2026 meeting. Regulators are shifting from principles-based guidance to examination-ready supervisory tools, emphasizing that insurers remain accountable for the technologies and vendors they deploy. The meeting revealed how AI risk evaluation, vendor oversight frameworks, and privacy modernization efforts are convergin
United StatesInsurance
Alston & Bird LLP
Alston & Bird LLP
Article

Agents Of Change: Amendments To Washington State Insurance Regulations Take Effect October 18

Washington's Insurance Commissioner has announced significant amendments to insurance claims handling regulations that will reshape how insurers investigate and process claims in the state. The changes, effective October 2026, introduce new requirements for mitigation approvals, investigation standards, and claimant communications that could substantially impact insurer operations and liability exposure. These regulatory updates come in response to a surge in consumer complaints and litigation, establishing
United StatesInsurance
Ballard Spahr LLP
Ballard Spahr LLP
Article

Don’t Try To Deny It: Federal Court Holds FCA Settlement Is Covered By Insurance

A federal court ruled that CNA must provide coverage for Guidehouse's $7.6 million False Claims Act settlement related to cybersecurity failures in New York's Emergency Rental Assistance Program portal. The decision addresses critical questions about when insurers can deny coverage for FCA settlements under professional liability policies, particularly regarding exclusions for fines, penalties, and deliberate acts.
United StatesInsurance
Crowell & Moring LLP
Crowell & Moring LLP
Article

Massachusetts Appeals Court Affirms Chapter 93A Liability For Delayed Disability Insurance Benefits

The Massachusetts Appeals Court examined whether an insurer's two-year delay in paying disability benefits constituted a violation of state consumer protection and insurance laws. Despite medical evidence describing the plaintiff's feet as paralyzed and functionally useless, the insurer repeatedly denied claims under a policy provision for total loss of use of both feet, arguing the plaintiff could still walk with assistive devices.
United StatesInsurance
Greenberg Traurig
Greenberg Traurig
Podcast

The CLO Chronicles — NAIC’s New Life RBC Factors Cross The Finish Line (Podcast)

The NAIC has spent four years overhauling capital requirements for life insurance companies' investments in collateralized loan obligations, introducing dramatic changes that will reshape how insurers allocate capital across their investment portfolios. These new rules, which account for credit spectrum positioning and tranche thickness for the first time, will force insurers to model significant impacts before year-end 2026 implementation.
United StatesInsurance
Mayer Brown
Mayer Brown
Article

Is Your PFAS Coverage At Risk? An Ohio Federal Court Ruling Opens The Door To Broader Insurer Denials

A federal court in Ohio has ruled that an occupational disease exclusion in a commercial general liability policy bars coverage for PFAS-related personal injury claims brought by firefighters against a manufacturer of firefighting equipment. This landmark decision could significantly impact how insurers respond to PFAS product liability claims and may extend beyond occupational disease exclusions to other policy provisions using similarly broad language.
United StatesInsurance
Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
Article

Amendments To The Act On The Protection Of Personal Information Promulgated

Japan has enacted sweeping amendments to its Act on the Protection of Personal Information, introducing an administrative surcharge regime with monetary penalties for data protection violations, new protections for children under 16 and biometric data, and expanded exceptions for data utilization in statistical analysis and AI development. The reforms, which take effect in stages through 2028, fundamentally reshape Japan's privacy enforcement landscape by granting the Personal Information Protection Commiss
JapanPrivacy
A&O Shearman
A&O Shearman
Article

EU Packaging And Packaging Waste Regulation—what International Corporate Groups Should Know

The European Union's new Regulation on packaging and packaging waste has fundamentally transformed compliance requirements for companies placing packaged goods on the EU market, replacing decades-old directive-based frameworks with directly applicable product-law rules. While promising regulatory harmonization across member states, the reality presents a complex dual-compliance landscape where businesses must navigate both EU-wide packaging standards and diverging national implementation approaches.
European UnionEnvironment
A&O Shearman
A&O Shearman
Article

SEC Issues “Innovation Exemption” To Facilitate Trading Of Tokenized NMS Stock

The SEC has issued a groundbreaking Innovation Exemption allowing tokenized securities venues to facilitate trading of tokenized NMS stocks using automated market makers and liquidity pools. This temporary five-year exemption from exchange and dealer registration requirements establishes conditions for permissioned blockchain-based trading while granting public companies a 30-day window to object to third-party tokenization of their securities.
United StatesFinance and Banking
A&O Shearman
A&O Shearman
Article

Delaware Chancery Invalidates Buyer Termination And Orders Specific Performance Of Obligations To Seek Regulatory Clearance For Merger

A Delaware Court of Chancery decision examines whether an acquiror can terminate a $2.35 billion merger agreement when antitrust approval is delayed beyond the outside date. The case centers on whether the acquiror's abandonment of discussions with a competitor—which triggered an FTC investigation—constitutes "willful conduct" that prevents the buyer from walking away from the deal.
United StatesCorporate/Commercial Law
A&O Shearman
A&O Shearman
Article

Court Of Chancery Imposes Sanctions For Spoliation Of Signal Messages

The Delaware Court of Chancery imposed significant sanctions in a merger litigation case after finding that the company's controlling stockholder and senior officers recklessly destroyed Signal messages following legal hold notices. The court shifted the burden of proof by presuming certain facts favorable to plaintiffs, requiring defendants to rebut these presumptions with clear and convincing evidence rather than a preponderance standard.
United StatesLitigation, Mediation & Arbitration
A&O Shearman
A&O Shearman
Article

The EU’s Proposed Industrial Accelerator Act: What The Battery Industry Needs To Know—and Do

The European Commission's Industrial Accelerator Act proposes to reshape battery supply chains by conditioning access to EU public procurement and support schemes on strict origin requirements. As China controls over 80% of global battery manufacturing capacity, the legislation introduces escalating component-count thresholds that could fundamentally alter market access, financing structures, and supplier eligibility across the battery value chain.
GlobalGovernment, Public Sector
A&O Shearman
A&O Shearman
Article

How Spain’s Draft Data Center Rules Could Transform Digital Infrastructure Investment

Spain's draft Royal Decree introduces stringent energy sustainability, environmental, resilience and digital sovereignty requirements for data centers, including renewable additionality, hourly correlation, and efficiency standards. The regulation applies to all access and connection permits obtained after entry into force, with specific compliance deadlines for projects in progress and those with granted permits not yet connected to the grid.
SpainEnergy and Natural Resources
A&O Shearman
A&O Shearman
Article

California Passes Suite Of Bills Advancing Child Online-safety Push

California has enacted a comprehensive package of four bills that fundamentally reshape online safety protections for minors, targeting addictive design features, data privacy practices, age verification systems, and platform liability. These new laws establish strict requirements for social media companies, including mandatory stripped-down interfaces for users under 16, enhanced privacy defaults, and potential damages up to $1 million for negligent harm to children. The legislation represents one of the m
United StatesMedia, Telecoms, IT, Entertainment
A&O Shearman
A&O Shearman