Exclusions

Data privacy law violation exclusion wording and examples

A data privacy law violation exclusion can restrict coverage for specified claims arising from violations of privacy laws. The examples differ in how privacy law violations relate to cyber incidents and electronic data.

Coverage classification

Form type
Exclusions

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FormIntentCoverage contextNotable terms

First Insurance Co. of Hawaii, Ltd.

Exclusion - Violation of Law Addressing Data Privacy

CG 00 69 12 23

Commercial General Liability

Excludes specified injury or damage arising from an actual or alleged privacy law violation.Adds exclusions to both bodily injury/property damage and personal/advertising injury coverage.References the Illinois Biometric Information Privacy Act, California Consumer Privacy Act and similar foreign laws including GDPR.

The Guarantee Company of North America USA

Exclusion - Cyber Incident, Electronic Data, Confidential or Personal Material or Information, and Violation of Law Addressing Data Privacy - With Limited Bodily Injury Exception

HLP 442 01 26

Commercial and Personal Liability

Excludes specified loss arising from cyber incidents, electronic data, personal information or privacy law violations.Applies to the listed liability coverage parts, except medical payments coverage.Its bodily injury exception applies only to the cyber incident and electronic data provisions, not automatically to the privacy law provision.

Notable clauses

“any action or omission that violates or is alleged to violate”

First Insurance Co. of Hawaii, Ltd. · Exclusion - Violation of Law Addressing Data Privacy · CG 00 69 12 23

Actual or alleged violations. The exclusion addresses actual or alleged violations of the types of privacy laws described in the form.

“with respect to Paragraphs (1)(a) and (1)(b) above, this exclusion does not apply to damages because of “bodily injury””

The Guarantee Company of North America USA · Exclusion - Cyber Incident, Electronic Data, Confidential or Personal Material or Information, and Violation of Law Addressing Data Privacy - With Limited Bodily Injury Exception · HLP 442 01 26

Limited bodily injury exception. The exception applies to the specified cyber incident and electronic data paragraphs; it does not expressly extend to the separate privacy law paragraph.

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