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European Insurance and Occupational Pensions Authority

1647

Q&A

Question ID: 1647

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

Topic: Other

Status: Final

Date of submission: 10 Jul 2018

Question

Insurance companies develop automated and semi-automated systems to perform switches between underlying investments assets. In most cases, the customer was advised when concluding the insurance contract. Sometimes, the customer already chose certain limits that trigger the switch. Could automated and semi-automated systems be considered to be another step in the advice-process?

EIOPA answer

Article 9(7) of Delegated Regulation 2017/2359 covers the situation when advice is given on switching (“When providing advice…”). However, unless national legislation requires advice to be mandatory, advice may not necessarily have to be given when switching. Furthermore, if the parameters for switching were agreed as part of advice concluding the initial contract, no further advice or suitability test need be carried out. 
A distinction should be made between different types of switches referred to:
1) The first type is the “fully automatic switch”. For example in case of a stop loss, all the parameters are set in advance and once a certain limit is reached there is an automatic switch between one underlying investment asset, such as a fund, to a predefined other fund.
2)  The second type is a “semi-automatic switch”. In the example given in 1) above once a certain limit is reached the customer receives the choice whether or not to activate the stop loss and switch funds. 
3)  The third type is a manual switch. The customer receives a message when a certain limit is reached and he has to contact the insurance intermediary or insurance undertaking to take further steps.
Fully automatic switches do not imply that advice is given when the switch occurs. Indeed everything occurs automatically. But when the customer was advised about the sale of such products (including its switch mechanism) the suitability of the product and its underlying investment assets (including the adequacy of the switch mechanism and its outcome) should have been checked.
In case of a manual switch, as the customer will be put in contact with an insurance undertaking or insurance intermediary in order to decide to switch or not, he will probably receive advice.
If an advice has been given to the customer when an insurance product involving a semi-automatic switch was sold, it may be that the customer should also be advised about the opportunity to switch or not when the mechanism is activated (suitability check of the switch at the time of the switch).
In accordance with Article 12 of Delegated Regulation 2017/2359, insurance undertakings and insurance intermediaries retain the same responsibilities for performing the suitability assessment where initial advice is provided on an automatic switching under 1) or where advice is provided for semi-automated switches under 2) or manual switches under 3) above, regardless of the degree of automation.