Law Commission MPs Eliminate Controversy Over Cyber ​​Ransom Payment Insurance, Expanding Scope

Members of the National Assembly’s Judiciary Commission have just rewritten in a more harmonized form Article 4 of the Department of the Interior Orientation and Programming Bill, which originally made cyber ransom insurance conditional on filing a claim after payment to cybercriminals. .

Controversy over mention of cyberransoms

After the Senate, which had already passed the article, the Palais Bourbon Judiciary Commission rewrote the provision to not explicitly mention the refund of the ransom payment, causing controversy. While state bodies recommend never paying ransoms, “talking about cyberransoms was the worst thing to do,” MP Philippe Latombe (Democrat) summed up during the commission’s review of the text this Wednesday, Nov. 2.

The new wording of the article, proposed in three similar amendments by MPs Anne Le Enanff (Horizons), Philippe Latombe and Munir Belamiti (Renaissance), extended the scope of the text to cover all damage caused by a cyberattack. And so it is no longer “only in [seul] compensation for ransoms, ”the explanatory note to the amendments says. The fact remains that if the ransom refund issue is no longer explicitly mentioned, it therefore always seems to be covered.

Complaint filed after an attack is discovered

“No longer just targeting ransomware, but all cyberattacks, we can imagine that insurance will cover recovery costs, operational loss guarantees, and not just the cost of paying a ransom,” thus supported the speaker of the text of the Law. commission, deputy Florent Boudier (Renaissance). Benefits that insurance companies already seem to offer. The latter really wanted, first of all, to clarify the insurance possibility of indemnification of the ransom.

Less controversial, another change in the wording of the text, thus perhaps more significant. Compensation for damages now depends on the complaint, rather than a preliminary complaint, which must be filed within 48 hours of the discovery of a computer attack, and not after a mere mention of the attack. “The important thing is when the victim saw the attack,” said MP Florent Boudier. Now the bill must be considered at an open meeting from 15 November.

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