Technology E&O: Errors and omissions insurance for tech companies

When a client accuses your tech company of an error or oversight, your business needs to be prepared for the consequences. Lawsuits can be devastating to daily operations, especially for small tech companies with limited resources.

When an errors and omissions insurance policy includes third-party cyber liability coverage (which is typical for tech companies), the policy is called technology errors and omissions insurance, or tech E&O. Third-party cyber liability insurance can pay for your business's legal expenses if a client files a lawsuit after experiencing a data breach.

Technology errors and omissions insurance can help cover legal fees resulting from a client's dissatisfaction with your professional services.

A tech E&O policy provides liability coverage related to:

• Oversights and mistakes
• Failure to deliver promised IT services
• Breach of contract
• Third-party cyber liability (data breach lawsuits)
• Intellectual property and media liability (for certain professions)

In the IT industry, a mistake can have serious consequences. For example, a DNS error at a web hosting company or other service provider could lead to website downtime and potential lost customers for a client.

Whether or not you’re in the wrong, being accused of professional negligence can be costly if a client sues. Technology errors and omissions insurance can help cover the resulting legal costs.

Your clients may depend on your technology products and services to run their businesses. If an SaaS company has an outage, or an SEO consultant misses a critical deadline, the client could sue to recoup financial losses.

Your tech E&O policy could help pay the costs of a lawsuit claiming you failed to provide a certain technology service, or install promised equipment due to a supply chain issue.

No one ever wants to break a contract, but sometimes factors outside of your control can delay a project. For example, a mobile app developer might leave a company mid-project, leaving the business unable to meet its deadline. Technology E&O insurance could help pay for an attorney, a court-ordered judgment, or a settlement.

Third-party cyber liability insurance provides financial protection if a client sues your business for failing to prevent a data breach.

For example, a client could sue an IT consultant who recommended insecure software for computers that were affected by a cyberattack. This policy would help pay for legal fees, in addition to PR costs to fix the company’s reputational damage.

Cyber insurance covers many different cyber risks, from accidental exposure of client data to phishing and denial-of-service (DoS) attacks. Cyber extortion is typically covered, but check with an agent when you buy a policy so you know what's included.

Tech companies that build websites, apps, and other content should make sure their tech E&O policy includes coverage for intellectual property (IP) and media liability claims.

IP claims include lawsuits related to trademarks and software copyright infringement. Media liability insurance covers lawsuits related to content built, designed, or published by your business.

While tech E&O insurance covers numerous risks faced by technology experts, it does not provide complete protection. Exclusions vary depending on your insurance provider and specific policy, so you may want to chat with an insurance agent to make sure your policy provides sufficient coverage.

Other policies may be better suited to cover other types of risks. Information technology companies should also consider:

General liability insurance: This liability policy covers expenses related to client bodily injuries and property damage, along with advertising injuries like slander. Technology businesses can bundle it with commercial property insurance for savings in a business owner’s policy (BOP), or add electronic data liability coverage to protect against lost data.

Cyber liability insurance: You may want to invest in standalone cyber liability insurance to protect your own company’s data, such as clients’ credit card numbers. This policy can include business interruption insurance to cover business income loss related to a cyberattack or data breach.

Fidelity bonds: Because IT companies are often privy to sensitive data, an employee could jeopardize your business by engaging in unlawful access of client data, theft, or fraud. Fidelity bonds safeguard your business when an employee engages in certain criminal acts.

Workers’ compensation insurance: This policy covers medical bills and partial lost wages from work-related injuries and illnesses. Most states require technology businesses with employees to purchase workers’ compensation.

Commercial auto insurance: This insurance coverage is required for business-owned vehicles. It can cover property damage and medical bills in an accident involving your IT company vehicle, along with theft, vandalism, and weather damage.

Are you ready to protect your IT business with technology errors and omissions insurance? Complete Insureon’s easy online application to get quotes from top U.S. insurance providers. Once you find a policy that fits your needs, coverage can begin in less than 24 hours.