Postu­la­te Ammann (18.3565): Dama­ge covera­ge. Event limits for cyber attacks

Postu­la­te Ammann (18.3565): Dama­ge covera­ge. Event limits for cyber attacks

Sub­mit­ted text

The Fede­ral Coun­cil is ins­truc­ted to Intro­duc­tion of an event limit for cyber attacks to be exami­ned, abo­ve which the fede­ral govern­ment will pro­vi­de dama­ge covera­ge in a spe­ci­fi­ed amount.

Justi­fi­ca­ti­on

Digi­ta­lizati­on is lea­ding to strong net­wor­king of the eco­no­my. This brings many bene­fits, but also increa­ses the risk of major events that can cau­se huge dama­ge. The cur­rent thre­at poten­ti­al of cyber risks is the­r­e­fo­re very high; this will cau­se annu­al costs of up to 9.5 bil­li­on Swiss francs in Switz­er­land alo­ne. With such high amounts of dama­ge and poten­ti­al vic­tims, the que­sti­on ari­ses as to the role of the state.

The Risks of “dai­ly life” are alre­a­dy insura­ble today and this is also being used by more and more com­pa­nies. In the case of major inci­dents, howe­ver, the que­sti­on of insu­ra­bi­li­ty or the neces­sa­ry insu­rance capa­ci­ties ari­ses. The loss amounts in the event of a lar­ge cyber attack on cen­tral infras­truc­tures or on a lar­ge sec­tor of the eco­no­my would be no lon­ger beara­ble for insu­r­ers. In this area, the­r­e­fo­re, only limi­t­ed com­pul­so­ry insu­rance could be intro­du­ced any­way, as is the case, for exam­p­le, in the field of Nuclear Power Plants knows. At the same time, the que­sti­on ari­ses as to how far the sta­te its­elf should com­pen­sa­te for dama­ges. After all, in the case of a major event, the fede­ral govern­ment would hard­ly be able to avo­id a cer­tain level of covera­ge due to public pres­su­re. Simi­lar que­sti­ons were rai­sed when a model for nati­on­wi­de ear­th­qua­ke insu­rance was being deve­lo­ped. At that time, the fede­ral govern­ment show­ed its­elf wil­ling to cover an amount of 10 bil­li­on Swiss francs per event. The que­sti­on is whe­ther such a solu­ti­on could also be intro­du­ced in the area of cyber risks.

A report will show how such covera­ge could be intro­du­ced and what the con­se­quen­ces would be. What effects would such a regu­la­ti­on have on the eco­no­my, in par­ti­cu­lar on the insu­rance indu­stry – key­word “moral hazard”? What legal adjust­ments would have to be made to intro­du­ce such covera­ge at the fede­ral level? From what event limit would the fede­ral govern­ment have to assu­me a cer­tain level of covera­ge in order to avert the grea­test pos­si­ble dama­ge wit­hout com­pe­ting with the insu­rance indu­stry? What is the Fede­ral Council’s posi­ti­on on such a govern­men­tal fall­back solu­ti­on for cyber risks?

State­ment of the Fede­ral Coun­cil of 29.8.18

The Fede­ral Coun­cil is moni­to­ring the deve­lo­p­ment of the Insu­rance mar­ket for cyber risks with gre­at inte­rest and notes that in recent times very many new offers have ari­sen in this area. This real­ly rai­ses the que­sti­on of how to deal with the risks of major events with serious con­se­quen­ces for the who­le of Switzerland.

In its report on the frame­work con­di­ti­ons for the insu­ra­bi­li­ty of cyber risks, the advi­so­ry board “Zukunft Finanz­platz Schweiz” addres­sed this issue, among others. The report was sub­mit­ted to the Fede­ral Coun­cil in June 2017. In it, the experts come to the con­clu­si­on that the Que­sti­on of govern­ment covera­ge for cyber dama­ge to be con­side­red as an opti­on at a later date, if the­re is “insuf­fi­ci­ent mar­ket capa­ci­ty or signi­fi­cant mar­ket gaps in the insu­rance mar­ket for this.”

The Fede­ral Coun­cil shares the Advi­so­ry Council’s assess­ment that an exami­na­ti­on of the opti­on of sta­te covera­ge of cyber risks should only take place once it can be asses­sed what poten­ti­al mar­ket-based solu­ti­ons have. Becau­se the mar­ket for cyber insu­rance in Switz­er­land is has only exi­sted for a short time and is curr­ent­ly deve­lo­ping rapid­lyIt does not seem sen­si­ble for the sta­te to deter­mi­ne today whe­ther an event limit should be intro­du­ced and, if so, how high it should be. The effects of a pos­si­ble sta­te catch-all solu­ti­on can also only be spe­cu­la­ted on at the pre­sent time, sin­ce such an assess­ment would first requi­re con­so­li­da­ti­on of the mar­ket, which is only just begin­ning to develop.

Final­ly, the Fede­ral Coun­cil con­siders a dis­cus­sion on sta­te covera­ge of cyber risks to be pre­ma­tu­re, in par­ti­cu­lar becau­se it could lead to mar­ket-based solu­ti­ons for risk covera­ge, such as insu­rance pools, reinsu­rance and alter­na­ti­ve risk trans­fer on the capi­tal mar­ket, no lon­ger being exami­ned for cyber risks. An assump­ti­on of resi­du­al risks by the insu­rance indu­stry by the fede­ral govern­ment would also run coun­ter to efforts to streng­then the per­so­nal respon­si­bi­li­ty of finan­cial insti­tu­ti­ons, such as with the “too-big-to-fail” provisions.

Howe­ver, the legal situa­ti­on can alre­a­dy be asses­sed. Today the­re is No con­sti­tu­tio­nal basis for fede­ral covera­ge of cyber los­ses. For a govern­men­tal fall-back solu­ti­on, as out­lined in the postu­la­te, a con­sti­tu­tio­nal amend­ment would the­r­e­fo­re be neces­sa­ry befo­re any pos­si­ble legal adjustments.

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