Insurance for Games Developers

The games sector is one of the most exciting and fastest-growing sectors in the UK. Games developers also face several unique risks, including intellectual property lawsuits, licensing issues and consumer data breaches, software failures, server downtime and cyber threats. Investors may also appoint insurance professionals to audit the insurance cover before investing, or refuse to fund or delay the release of investment funds until insurance is in order. Claims relating to game developers can be extremely costly.

We’re experts in games developer insurance

Whinney Insurance is one of the few brokers with the necessary experience and expertise required to advise games developers on their insurance requirements. With over a decade of working with games developers and software companies, we understand the complexities of the industry. We also recognise that experience and continuity are incredibly important and work with you to understand the most critical risks to your business, from intellectual property, licensing, and publishing risks to confidentiality and consumer data.

No two games development companies are the same, and no two games are the same (although similarities often lead to very expensive lawsuits – which we explore below). We believe it is important to take the time to understand your requirements as a games developer. Once we understand your business and the games that you develop, we can begin to understand the most critical risks to your business, be it intellectual property, licensing, publishing risks or confidentiality and consumer data.

Always personal, always bespoke

As a privately owned broker with a small and dedicated multi-disciplined and experienced team of advisors with expertise in the tech sector, we pride ourselves on our exceptional service. Whether you’re getting a quote or making a claim, your insurance will always be handled personally by an expert member of our team.

What are the key insurance risks faces by games developers?

Intellectual property is a significant risks. There have been a number of high profile legal battles regarding intellectual property. Most these law suits relate to the ‘originality’ of the games developed. The law suits can involve ‘tactical litigation’. Tactical litigation is litigation not used for the normal purposes of wining or losing a legal case, but instead to give expression to a tactical goal. In the case of games development, the tactical goal is usually to distract or cause harm to competitors, especially if your game infringes a competitors market space. Claims relating to game developers can be extremely costly. The website Mentalfloss gives background and examples for claims against games developers.
Confidentiality. The confidentiality risk has really emerged over the past 4-to 5 years. In the past you bought a game from a shop, and popped the game into your console, it involved no transfer of personal data. Nowadays, most games are not only interactive with other users, but can also involve in play purchases, and can be very personal to your requirements. Games developers must be very careful on how they manage, hold and process personal data. Failure to manage personal data in the correct manner can very easily lead to a ‘breach of confidentiality’ allegation.
Wright Hassall addresses some of the common legal issues in the following article: Legal issues for games developers.

What are the key insurance risks faces by games developers?

Professional Indemnity Insurance for Games
Developers
Directors’ and Officers’ Insurance
Crime Insurance
Cyber and Data Insurance
Office, equipment, public & products liability and employers’ liability

The insurance for games developers is often available on a combined basis, covering Professional Indemnity, Directors’ and Officers’ Liability and Crime under a single insurance package.