When systems fail, a pharmacy cannot put things off until tomorrow: medicines have to go over the counter today, and without an up-to-date medication record that is unsafe as well.
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Work out for yourself what it would cost.
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An adviser checks whether the cover suits your activities
A premium indication, not personal advice. Prefer to talk it through? Call 072 - 509 24 56.
In brief
Medication records are health data and therefore a special category of personal data under the GDPR. A dispensing history reveals what condition someone has. That makes a breach at a pharmacy more serious than a breach of address details: here the duty to report to the Autoriteit Persoonsgegevens (the Dutch data protection authority) within 72 hours almost always goes together with the duty to inform the patients themselves, and that means thousands of people at once.
There is also the operational side, which is sharper at a pharmacy than at an office. The pharmacy information system, the link for retrieving data from the GP, the dispensing robot and the claims submitted to health insurers all hang together. If that falls away, work can continue on paper, but without checks on interactions and contraindications. So the question to put to the insurer is not only what the recovery costs, but whether the additional costs of continuing to work fall under the cover.
As a care provider you work to the security standards that apply in healthcare and with a professional duty of secrecy that stands apart from the GDPR. In the application, insurers ask about logging of who viewed which record, about the separation between the pharmacy system and over-the-counter sales, and about back-ups kept offline. Answers that are not correct affect the duty of disclosure under Article 7:928 of the Dutch Civil Code and the consequences of this in Article 7:930 of the Dutch Civil Code.
The structure of the cover in three parts, with an overview per situation below.
Immediate help
Incident response
Specialists who look into it within hours.
24/7 reporting line
Forensic investigation
Recovery and restart
Your business
Own damage
What the incident costs you yourself.
Data recovery and reconstruction
Business downtime
Ransom under consideration
Towards third parties
Liability
Claims from customers and data subjects.
Claims after a data breach
GDPR notification costs
Legal assistance
What is covered
Situation
Cyber
AVB
BAV
Ransomware brings your systems down
Yes
No
No
Data breach involving personal data
Yes
No
Sometimes
Costs of notification and informing those affected
Yes
No
No
Fraud through a falsified payment instruction
Sometimes
No
No
Administrative fine from the regulator
No
No
No
Hardware that is physically damaged
No
No
No
This overview is general in nature and is not personal advice. What is actually covered, including exclusions, limits and the excess, is set out in the policy conditions and the insurance card (verzekeringskaart) of the insurer; you receive both before you take out cover. Taking out cover without advice? Then read what execution only means for you.
Where things go wrong in practice
Four points that make the difference between a policy that pays out and one that does not.
Working on without a system costs money and safety
When systems fail you fall back on paper: prescriptions by hand, no automatic monitoring of interactions, no current overview of what a patient is already taking. That requires extra staff and extra checking, and the chance of a dispensing error rises. Ask whether the additional costs item covers that effort and whether an error arising in the emergency procedure is picked up by your liability cover.
Informing patients is the largest item
Where medication records leak, the risk to those concerned is high, so you have to inform them personally. That means letters, a telephone line people can reach and staff to answer the questions, on top of the normal work. Check whether the costs of informing them, including a call centre and legal review of the wording, fall within the cover and are not limited to the report to the regulator.
The dispensing robot is not automatically covered by cyber
A robot or automated store is business equipment with software. If the controls become infected and dispensing stops, that is a cyber cause. If the installation itself is damaged in the process, that is physical damage belonging under the business contents or machinery breakdown cover. Ask how the two policies join up, because you only notice a gap here at the moment things go wrong.
What falls outside the cover
Not covered are administrative fines of a punitive nature, stock spoiled because refrigeration failed without an attack behind it, and improvements to your security afterwards. Equipment that is physically damaged is also excluded, as are intent and wilful recklessness under Article 7:952 of the Dutch Civil Code and incidents caused by a vulnerability you knew about and left in place.
What does your premium depend on?
Number of registered patients. Determines how many people you have to inform after a breach. That is the largest cost item here.
Number of branches. Several pharmacies on one system means an incident strikes everywhere at once.
Links with other care providers. Exchange with GPs and hospitals increases both the usefulness and the reach of your system.
Logging and access control. Recording who opened which file is needed to be able to show the extent of an incident afterwards.
Automation in the store. A dispensing robot makes you faster, but also more dependent on the software that controls it.
Waiting period and limit chosen. The hours before the interruption cover starts weigh heavily for a business that has to deliver every day.
Insurers weigh these details differently. That is where your saving is.
How we arrange it
You request a quoteWe take stock of your situation, your risk and your wishes.
We compareseveral insurers, on premium as well as conditions.
You receive a proposalWith an explanation of the differences and the exclusions.
We arrange the switchIncluding cancellation, so there is no gap in cover.
Customers rate our service on four aspects: personal service, service delivery, availability and the outcome. The reviews are collected and published by NH1816 and come from customers who have actually taken out a policy with Finass Advies B.V. or reported a claim.
Where health data is involved the risk to those concerned is generally high, and then the duty to inform them applies alongside the report to the Autoriteit Persoonsgegevens. That covers everyone whose data was actually affected. The forensic investigation determines that group. Without proper logging the line cannot be drawn and you inform everyone as a precaution.
Our system was down and we carried on working on paper. Is that effort covered?
Only if the item for additional costs of continuing the business is included. That reimburses, for example, pharmacy assistants brought in or overtime in the days after the incident. Without that item the cover is limited to recovery and lost margin, while your actual loss lies precisely in the extra hands.
Is a wrong dispensing during the outage a cyber loss?
No. Injury or harm to health caused by a medicine wrongly supplied is a liability matter and is assessed on your professional or public and employers' liability insurance. The cyber policy covers the cause side: the recovery, the investigation, the duty to report and your interruption. So report such an incident on both policies.
What security does an insurer require of a pharmacy?
As a rule, multi-factor authentication on all accounts, a back-up that is kept disconnected and has demonstrably been restored, updates installed on time on the pharmacy system, and logging of access to records. If you work with external suppliers who look in remotely, you will also be asked how that access is protected and who can withdraw it.
Finass Verzekert is a trading name of Finass Advies B.V. We advise on and arrange non-life insurance on the basis of an objective analysis of several insurers, and receive commission for this from the insurer, which is included in the premium. You pay no separate advice fee. Before you take out cover, we establish your wishes and needs.
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