“The common sense conclusion, if these cases pick up steam, is to expect higher premiums for insureds with material exposure to EU privacy claims (similar to how underwriters scrutinise US privacy risk more harshly than privacy risk in any other region),” he said. “It could also result in potentially higher deductibles for class action litigation, and perhaps even a narrowing of coverage around wrongful collection, invasions of privacy, and wiretapping. However, this would be hard to justify as the EU’s GDPR strictly regulates all of these risk points, and thus, a fit-for-purpose insurance policy should continue to respond to these actions.”
