Liability insurance · PRIVACY LIABILITY

Privacy / Data-Breach Liability Insurance

Covers the legal liability for harm to data subjects from the leak, loss or theft of personal data a company holds or processes, under the Personal Information Protection Act and the Network Act.

Privacy / Data-Breach Liability Insurance

From a licensed insurance broker

N2N Insurance Brokerage does not represent any single insurer — it independently represents the client as an FSS-registered broker (Reg. No. 2026-012201). We compare the wordings, rates and service of AIG · Chubb · DB · Hyundai · KB · Meritz to propose the cover and price best suited to your risk. Each insurer's full wording is provided at application and binding.

Overview

Privacy / data-breach liability insurance covers the legal liability and response costs for harm to data subjects from the leak, loss, theft or alteration of personal data a company manages. It addresses the damages standards of the Personal Information Protection Act (Article 39) and the Network Act.

Information & communications service providers that exceed the annual-revenue and user-number thresholds are under a statutory duty to take out insurance or set aside reserves (Article 39-9 of the Personal Information Protection Act).

Key features

  • 01
    Meets the statutory duty to insure

    Issues a policy for operators subject to the duty to insure under Article 39-9 of the Personal Information Protection Act.

  • 02
    Includes breach-response costs

    Covers incident-handling costs such as notifying data subjects, running a call centre and providing credit-monitoring services.

  • 03
    Class-action defence costs

    Supports legal and expert-witness costs for responding to collective dispute mediation and civil litigation.

  • 04
    Linkage with cyber cover

    Where linked to cyber events such as hacking or ransomware, it can be designed together with cyber liability insurance.

Who needs it

  • 01
    Information & communications service providers

    Operators processing personal data — portals, online malls, game companies, social networks, O2O platforms.

  • 02
    Finance, healthcare & education institutions

    Sectors processing large volumes of sensitive data — to hedge risk even where exempt from the duty.

  • 03
    B2B SaaS / data processors (on behalf of clients)

    IT and marketing firms that process clients’ personal data under contract.

Main losses covered

  • For property and emotional damages a data subject suffers from a leak, loss, theft or alteration of personal data
  • Statutory and punitive damages (Articles 39-2 and 39-3 of the Personal Information Protection Act)
  • Response to collective dispute mediation and litigation — defence costs(legal and expert-witness costs)
  • Notification and disclosure costs to data subjects
  • Customer-centre and call-centre costs, and free credit-monitoring service costs

Endorsements (additional cover)

  • Regulatory-investigation response-cost endorsement
  • Crisis-management and PR-response cost endorsement
  • Cyber-incident (hacking, ransomware) extension endorsement
  • Overseas-user loss endorsement

Losses not covered (main exclusions)

  • The insured’s wilful unlawful acts or clear illegality
  • Known breach events or investigations already under way
  • Fines or surcharges unrelated to personal data, e.g. under competition or tax law
  • Liability assumed under contract beyond the law, and warranty obligations
  • Bodily injury or property damage (separate CGL)
  • Nuclear, war and terrorism

Conditions & process

Policy period1 year (Claims-Made basis)
PaymentSingle (annual) payment
InsurersAIG · Chubb · DB · Meritz · Hyundai
ChannelIndividual consultation with our broker (010-5755-6465)
Turnaround5–7 business days (security review)

What we need to quote

  • Number of personal-data records held and items collected
  • Whether ISMS or ISMS-P certification is held
  • Privacy policy and list of processors
  • Breach incidents and regulatory actions over the past 5 years
  • Desired limit (including the statutory amount)

Other notes

  • The statutory minimum limit under Article 39-9 of the Personal Information Protection Act must be met for the duty to be regarded as fulfilled
  • As a Claims-Made policy, the Retroactive Date must be managed carefully
  • On becoming aware of a breach, notify us and the insurer immediately and check the procedure for reporting to the authorities within 72 hours

Withdrawal / quality assurance / pre-contract disclosure

  • The application may be withdrawn within 15 days of receiving the policy (excluding professional financial consumers)
  • Cancellable within 3 months for breach of the duty to explain material matters or a missing handwritten signature
  • Breach of the duty of disclosure may lead to cancellation or reduction of the claim
Depositor-protected product

Points to note

Please check the basics of the policy when you apply.

  • When applying for the policy, please confirm the product name, policy period, premium-payment period and the insured , and be sure to receive and check the policy wording.
  • Before concluding the contract, please read the product description and policy wording.
  • If you cancel an existing policy to take out a new one, acceptance may be declined, the premium may rise and the cover may differ — please take note.
  • Payment of the claim may be restricted by exclusions and payment-limitation grounds.

Nullity of the contract

If the insured event has already occurred at the time the contract is made, the contract is void. However, where the contract is void due to the company's intent or negligence, or where the company knew or could have known of the nullity before acceptance yet did not refund the premium, the company refunds the premium with interest at the policy-loan rate published by the Korea Insurance Development Institute, compounded annually, for the period from the day after payment to the day of refund.

Losses not covered

The specific losses not covered (exclusions) are set out in each insurer's policy wording and product description; on this page, see the “Cover” tab(or the “Losses not covered” section) for the main exclusions. For other cover-specific grounds on which claims are not paid, please refer to the policy wording.

Cover start date

The company provides cover, in accordance with the policy, from the time it accepts the application and receives the first premium. Where the company accepts the application after receiving the first premium with it, cover also begins from the time the first premium was received.

Policyholder's handwritten signature

The application must be completed by the policyholder, and the policyholder and the insured must sign it by hand. Failure to sign by hand may result in disadvantages regarding the validity of the contract. On an internet cyber-mall, an electronic signature may be used instead.

Right to be informed and have the product explained

The policyholder has the right to be given and have explained the information needed about the product they wish to buy.

Duty to explain

The insurer and N2N Insurance Brokerage must explain the important matters of the product to ordinary financial consumers.

Duty of disclosure before the contract

When applying, the policyholder, the insured or their agent must disclose truthfully the facts they know regarding the questions in the application (including the questionnaire). Otherwise the claim may be declined or the contract cancelled. Where insurance is taken out by telephone or other means of communication, the duty is performed by answering the seller's questions, which are recorded, without a separate written questionnaire, so answers must be given with particular care.

Duty of disclosure after the contract

If, after the contract is made, any of the following arises in respect of the subject-matter insured, the policyholder or the insured must notify the company in writing without delay and obtain endorsement on the policy.

  • When intending to take out, or learning of, a contract with another insurer covering the same risk as this contract
  • When transferring the subject-matter insured
  • When altering, rebuilding or extending the subject-matter insured or the building housing it
  • When moving the subject-matter insured to another location
  • When the risk is, or is found to have been, materially changed

Withdrawal of the application

  • The policyholder may withdraw the application within 15 daysof receiving the policy, in which case the premium paid is refunded. However, a contract more than 30 days after application (45 days where a policyholder aged 65+ contracted by telephone) cannot be withdrawn.
  • In addition, a medical-examination contract, a contract with a cover period of 90 days or less, guarantee insurance, statutory compulsory insurance, liability insurance under the Automobile Accident Compensation Act, or a commercial-insurance contract concluded by a professional financial consumer cannot be withdrawn.

Quality-assurance scheme

  • If, after application, the policyholder did not receive the policy wording and their copy of the application, was not given an explanation of the important contents of the wording, or did not sign the application by hand, they may cancel the contract within 3 monthsof the contract being formed.
  • In that case the premium already paid is refunded to the policyholder, with interest at the policy-loan rate compounded annually for the period the premium was held.

Why the surrender value may be less than the premiums paid, or nil

The surrender value is the amount paid if the contract is cancelled early. Unlike bank savings, insurance combines risk protection and savings: part of the premium is paid out as claims to other policyholders who suffer accidents, and part covers the insurer's operating expenses, so the surrender value on early cancellation may be less than the premiums paid, or nil.

Depositor protection

  • This policy is protected under the Depositor Protection Act, such that the surrender value (or the maturity benefit) plus other payments is protected up to “KRW 100 million per person” (aggregated with the insurer's other protected products).
  • Separately, the aggregate accident-claim amount of that insurer's protected products is “KRW 100 million per person” protected.
  • (However, a policy whose policyholder and premium payer is a corporation is not protected.)

Tax benefit (protection-type insurance)

Under Article 59-4(1) of the Income Tax Act (special tax credit), for protection-type insurance taken out by an employee only, a tax credit of 12% of the premium paid (capped at KRW 1 million per year) is available. Tax matters may change with amendment or repeal of the relevant tax law.

Personal-data protection

Except as provided by law, the insurer and N2N Insurance Brokerage do not collect, use, inspect or provide personal data related to this contract — for its conclusion, maintenance and claim payment — without the consent of the policyholder, the insured or the beneficiary. However, for those purposes the insurer may, with the consent of the policyholder and the insured and in accordance with law, provide personal data to other insurers and insurance-related bodies.

Solicitation-order and reporting centre

  • Providing special benefits in connection with concluding an insurance contract is punishable under the Insurance Business Act.
  • Financial Supervisory Service: 1332 (no area code) / mobile (02)1332 / “Report a solicitation-order violation” at http://fss.or.kr
  • General Insurance Association of Korea: 1332 (no area code) / mobile (02)1332 / “Solicitation-order Violation Report Centre” at http://knia.or.kr

FSS Insurance Fraud Prevention Centre

  • Insurance crime, under Article 8 of the Special Act on the Prevention of Insurance Fraud, is punishable by up to 10 years' imprisonment or a fine of up to KRW 50 million, and abetting insurance crime is subject to the same punishment.
  • Tel: 1332 (no area code) / mobile (02)1332 / Web: http://insucop.fss.or.kr or “Insurance Fraud Prevention Centre” at http://fss.or.kr

Insurance consultation and dispute mediation

  • For consultation or any complaint or dispute about insurance, contact the insurer's customer call centre for prompt handling. If you object to the outcome, you may apply for dispute mediation to the Financial Supervisory Service and the Korea Consumer Agency.
  • FSS Financial Consumer Protection Centre: 1332 (no area code) / http://fss.or.kr
  • Korea Consumer Agency Consumer Counselling Centre: 1372 (no area code) / http://www.kca.go.kr

Notice

The above is a summary and excerpt of the policy wording; for grounds on which claims are not paid and other details, please refer to the policy wording and product description.

About N2N Insurance Brokerage

  • N2N Insurance Brokerageis an insurance broker registered under Article 89 of the Insurance Business Act; it does not represent any single insurer but advises and intermediates on the side of the client (policyholder) (FSS Reg. No. 2026-012201 · Business Reg. No. 611-23-02374).
  • This site compares the wordings and rates of multiple insurers; application and acceptance follow each insurer's policy wording.

When you need privacy / data-breach liability insurance

Common risk patterns in personal-data processing — a five-scenario self-check

📊

Information & communications service providers handling large volumes of personal data

Operators processing large volumes of personal data — portals, online malls, game companies, social networks, platforms — bear the risk of compensating many data subjects after a breach.

📜

Operators under a statutory duty to hold personal-data insurance

The Personal Information Protection Act requires operators above a certain threshold to take out insurance or mutual-aid cover, or set aside reserves, to secure their liability.

🏥

Institutions processing large volumes of sensitive data — finance, healthcare, education

A sensitive-data breach causes large harm to data subjects, so cover is needed even where the duty does not apply.

🔗

Processors handling clients’ personal data under contract

Operators that process personal data under contract, such as B2B SaaS and marketing firms, can also be liable for a breach.

⚖️

When a breach carries high collective-dispute and litigation risk

A breach can lead to collective dispute mediation and litigation by many data subjects, so defence-cost protection is needed.

A dispute pattern seen in the field

When personal data is breached, damages are not the only cost a company bears. “Incident-handling costs” — notifying and disclosing to data subjects, running a call centre, providing free credit-monitoring — arise immediately, followed by the costs of responding to collective dispute mediation and civil litigation and, where awarded, statutory and punitive damages. Privacy / data-breach liability insurance covers not only the damages for harm suffered by data subjects but also these incident-handling and defence costs. Meanwhile the Personal Information Protection Act requires operators above a certain threshold to insure, take mutual-aid cover or set aside reserves, so the cover itself can be a legal requirement.

Source: (standard insurance-textbook scenario)

Three things easily missed when buying privacy / data-breach liability insurance

The wording and structure points decision-makers most often overlook

  • 1

    Beyond damages, “incident-handling costs” are large

    A breach brings handling costs — notifying and disclosing to data subjects, running a call centre, providing credit-monitoring. Check that these are included in the cover.

  • 2

    Whether statutory and punitive damages are covered

    The Personal Information Protection Act provides for statutory and punitive damages. Check in the wording how far the policy covers them.

  • 3

    A processor can also be liable

    An operator that processes clients’ personal data under contract is also liable for a breach. Design the insured scope to match the processing arrangement.

Frequently asked questions

The questions asked most when considering privacy / data-breach liability insurance

Is privacy / data-breach liability insurance mandatory?

The Personal Information Protection Act requires operators above a certain threshold to take out insurance or mutual-aid cover, or set aside reserves, to secure their liability. Whether it applies depends on business size, user numbers and other factors, so check against the relevant law.

What losses does it cover?

It covers property and emotional damages suffered by data subjects from a leak, loss, theft or alteration of personal data, statutory and punitive damages, defence costs for collective dispute mediation and litigation, and incident-handling costs such as notification, disclosure, call-centre and credit-monitoring.

Are incident-handling costs covered as well as damages?

Incident-handling costs — notifying and disclosing to data subjects, running a call centre, providing free credit-monitoring — make up a large share of a breach. Check that the policy includes them.

How does it differ from cyber liability insurance?

Privacy / data-breach liability insurance is specialised in personal-data breaches and focused on meeting statutory duties, while cyber liability insurance covers cyber incidents broadly — hacking, ransomware, business interruption. They are often designed together for cases where the two risks overlap, such as a breach caused by hacking.

We process clients’ personal data under contract — are we within scope?

A processor handling clients’ personal data under contract can also be liable for a breach. The insured scope and cover should be designed to match the processing arrangement.

How is the premium calculated?

The insurer calculates it based on the volume and sensitivity of personal data held, user numbers, revenue, security level, the limit and cover structure, and past incident history. The exact premium and terms are confirmed after underwriting by insurers such as AIG, Chubb, DB, Hyundai, KB and Meritz.

Hanwook Seong, insurance broker

🏢 Operated by an independent insurance brokerage

n2nib.comis operated by N2N Insurance Brokerage (a registered insurance broker under Article 89 of the Insurance Business Act · FSS Reg. No. 2026-012201 · Business Reg. No. 611-23-02374). The wording, cover and exclusion information on this page is excerpted and summarised from the official product materials of member insurers AIG · Chubb · DB · Hyundai · KB · Meritz. Our brokerage fee is paid by the insurer and is not charged to the policyholder (Article 98 of the Insurance Business Act — prohibition of special benefits).