is the ACAP System Assumption-of-the-Risk defense or the “Risk Diversion” defense and how is compliance measured or established?
The Assumption-of-the-Risk defense is a potential means of avoiding damage claim liability that could result from a cyber-crime attack. This “risk diversion” defense is founded upon the concept of notice and acceptance. The organization provides notice of the risk to all potential damage-victims of a cyber-crime attack and the potential damage claimant accepts the noticed risk, thereby releasing or waving any and all rights to claim damages against the organization. It is not a perfect defense but as discussed in the ACAP Liabilities and Defense Book, Book Eight of the ACAP System Reference Book Library, it is effective at times and worth including as part of an organization’s liability defense preparedness activities. The ACAP System provides both general and targeted risk notice, releases, compliance demand notices, contact compliance clauses and guidance on the procedures required to establish an Assumption-of-the-Risk defense. [back to top] 18.
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