Research on the issue of subrogation right in cyber security insurance

Abstract

As an important part of enterprise network security risk management, network security insurance provides loss compensation and risk underwriting for enterprises after the occurrence of network security events. At present, the cybersecurity insurance market continues to develop, and the insurance is aimed at the safety of property in the virtual network, in which when the enterprise is affected by the tort of a third party, resulting in damage to the virtual property, the effective exercise of subrogation rights greatly affects whether the insurance organization is willing to undertake to bear the risk, whether the insured is able to get the claim, and the application of the law. The place of occurrence of legal facts in cyberspace does not exist in the sense of the current law, therefore, the choice of jurisdiction is to apply the law of the location of the network operator, and to request the network service operator to assist in searching for the infringing web server Depending on the actual location of the third party in relation to the jurisdiction of the court, the right of subrogation is to be exercised by relying on the assistance of the local government.