Part I of this series, SAFETY Act is Powerful Protection Against Emerging Liabilities, addressed the benefits of obtaining SAFETY Act coverage, including:

• From a reputational perspective, SAFETY Act protection provides benefits even absent a security incident: it demonstrates that a knowledgeable federal agency has examined the relevant technology and determined that it is both safe and effective.
• SAFETY Act protection can benefit companies taking steps to enhance the security of their physical premises and operations, or their cybersecurity defenses, to reduce their potential liability and enhance their reputation.
• Other benefits include—depending on the level of protection—powerful liability protections including exclusive federal jurisdiction and choice of law for the venue where the incident occurred, caps on liability, prohibitions on punitive damages, and government contractor immunity.

This post will explain the levels of protection that a company can seek under the SAFETY Act.

Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth, Kevin W. Jones, Hunton Andrews Kurth and Charlotte Leszinske, Hunton Andrews Kurth

Ms. Masters may be contacted at lmasters@HuntonAK.com
Mr. Jones may be contacted at kjones@HuntonAK.com
Ms. Leszinske may be contacted at cleszinske@HuntonAK.com