5 1 The credit and debit card information that you collect has black market value and is an attractive target for criminals. That makes you a target for an attack. Thieves are stealing information more often and on a larger scale than ever before. In fact, credit cards are an estimated 59 percent of stolen personal data sold in the black market.1 Data breaches occurred eight times more often in 2009 than in 2005. And they are getting bigger too ­— the average amount of stolen data is more than five times the amount of breaches from just four years ago.2 Reasons Why You Need CNA NetProtect for McDonalds 2 Your McDonalds network security can’t protect your debit and credit card information. Plus, if one of your vendors has a breach, you could be held liable. Card data is often stolen through skimming, a technique where restaurant employees use inexpensive handheld card readers to secretly capture customer card data. Fast food restaurants, including McDonalds stores are frequent victims of skimming attacks3,4. Additionally, vendors are responsible for 30 to 40 percent of all breaches5. Your security doesn’t protect their networks. You may be liable if your bank or payment processing vendor has a breach. ® 3 You have obligations under new privacy laws. If you have a breach, the law in 47 U.S. jurisdictions6 now requires you to notify affected consumers at your own expense. Additionally, some states have laws that require you to protect information in specific ways.7 Failing to comply could result in regulatory action, fines and penalties. Privacy law is constantly changing. If you have a breach or face a regulatory action, you’ll want access to law firms who specialize in privacy. CNA NetProtect® provides access to specialist firms. 4 You have liability and can be sued or face governmental regulatory enforcement actions. If your store has a data breach, you could be held liable by a number of parties. Banks can sue you to recover their cost to re-issue stolen cards. Your employees can sue if their data, including their social security numbers, bank account information or health information are compromised. Plus, federal and state governments can bring regulatory action against you for allegedly failing to comply with privacy law. Defense is expensive — even if you did nothing wrong. 5 Compared with premiums, the cost of a breach could be high. CNA NetProtect® for McDonalds owneroperators provides coverage for as little as $1,112 a store. By comparison: The cost to comply with breach notification laws is typically between $5i and $15ii per card. Just one month of undetected skimming at a typical McDonalds store could cost you between $11,000 and $33,000iii. If a bank sues for card reissuance costs at a typical $12 to $22 per cardiv, it could cost you roughly $52,000 to $190,000v for each store involved. And your legal expenses in defending those complaints or regulatory actions could be even higher. Privacy Rights Clearinghouse. June 2007. Privacy Rights Clearinghouse. Accessed July 26, 2007, www.privacyrights.org/ar/idtheftsurveys.htm. Open Security Foundation Dataloss db 1-1-05 through 11-23-09. Accessed Nov 23, 2009, http://datalossdb.org/ http://www.encryptionreports.com/download/Ponemon_COB_2009_US.pdf 3 http://www.wired.com/threatlevel/2009/10/florida_skimming/#ixzz0kF0y2k8R 4 http://www.washingtonpost.com/wp-dyn/content/article/2009/06/08/AR2009060804002.html 5 2007 Annual Study: US Cost of Data Breach, Understanding Financial Impact, Customer Turnover, and Preventative Solutions, A study summarizing the actual costs incurred by 35 US organizations that lost confidential information and had a regulatory requirement to publicly notify affected individuals, Benchmark research conducted by Ponemon Institute, LLC, November 2007 6 State Data Security/Breach Notification Laws (as of December 2009), Commercial Law League of America, accessed 1/21/2010, http://www.clla.org/documents/breach.xls 7 MA: 201 CMR 17.01 et. seq; Mass general Laws Ch 93 H , NV: NRS 597. 970, 15. . V.T.C.A., Bus. & C. §324.101 i Low estimate reflects $5 cost based on CNA negotiated rates for breach response vendor services as of 8 April 2010 and assumed consumer uptake rates on call center calls and credit monitoring services ii High estimate reflects $15 per card. Source: “Ponemon Study Shows Data Breach Costs Continue to Rise”. Retrieved July 7, 2008, from http://www.ponemon.org/press/PR_Ponemon_2007-COB_071126_F.p) iii Based on: McDonalds data supplied on 11/2/2009 showing an average of 80,000 card transaction per year per store, and assumed average of 3 visits per store per month per cardholder. Resulting 1 month of card skimming would compromise 4400 cards, Low estimate based on 4400 cards at $5 per card per note # 3 above. High estimate based on 4400 cards at $15 per card per note 4 above. iv http://www.digitaltransactions.net/newsstory.cfm?newsid=1274, accessed 4/7/10 v Low estimate based on 4400 cards skimmed at $12 per card. High estimate based on 8800 cards compromised by vendor at $22 per card. 1 2 For more information about products that can help protect you for privacy and information risk, contact your agent at Lovitt & Touché at 800-635-4880. One or more of the CNA companies provide the products and/or services described. The information is intended to present a general overview for illustrative purposes only. It is not intended to constitute a binding contract. The information, examples and suggestions presented in this material have been developed from sources believed to be reliable, but they should not be construed as legal or other professional advice. CNA accepts no responsibility for the accuracy or completeness of this material and recommends the consultation with competent legal counsel and/or other professional advisors before applying this material in any particular factual situations. 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