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European Insurance and Occupational Pensions Authority

1633

Q&A

Question ID: 1633

Regulation Reference: (EU) No 2017/2359 - info requirements and conduct of business rules applicable

Topic: Other

Article: 29

Status: Final

Date of submission: 10 Jul 2018

Question

If an insurance undertaking does not provide a personalised recommendation regarding the unit-linked insurance contract and its underlying assets, to the customer, can EIOPA provide guidance on how the receipt of such rebates by insurance undertakings interacts with the requirements of Article 29(2), IDD and the conflict of interest requirements?

EIOPA answer

Regardless of whether a personal recommendation is provided, a rebate should be assessed in accordance with Article 29(2), IDD. The IDD requires that the assessment of inducements against the requirements of Article 29(2) takes into account all relevant factors, which may increase or decrease the risk of a detrimental impact on the quality of services to the customer. It recognises that detrimental impact on the quality of the service to the customer or impairment of the duty of insurance undertakings to act honestly, fairly and professionally and in the best interests of customers can occur even when no personal recommendation is made to the customer.
The assessment must consider all relevant factors that may increase or decrease the risk of detrimental impact on the quality of the relevant service to the customer, and any organisational measures taken by the insurance intermediary or insurance undertaking carrying out distribution activities to prevent the risk of detrimental impact. 
Insurance undertakings are also obliged to assess the receipt of such rebates to ensure that they do not impair compliance with the duty of the insurance undertaking to act honestly, fairly and professionally and in the best interest of the customer.
Insurance undertakings should consider rebate arrangements as part of the product oversight and governance processes as required under Article 25, IDD. 
Insurance undertakings should also consider EIOPA’s Opinion on monetary incentives and remuneration between providers of asset management services and insurance undertakings in which the risk of customer detriment related to the practice of receiving rebates from asset managers are addressed.