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European Insurance and Occupational Pensions Authority
 

3407

Q&A

Question ID: 3407

Regulation Reference: (EU) No 2016/97 - Insurance Distribution Directive

Argomento: Definitions (Art. 2 IDD)

Article: 2(1)(1)

Stato: Question forwarded to the European Commission

Date of submission: 21 Aug 2025

Question

Could you provide further guidance on the potential involvement of publicly accessible AI Chatbots in insurance distribution, and on the appropriate regulatory approach to this emerging issue? Given the rapid proliferation and increasing sophistication of these technologies, their relevance to insurance distribution is expected to grow significantly. In the recent QA 3168, EIOPA states the following: "However, when the comparison website, for example, requires a pre-purchasing questionnaire to be completed or requires the selection of options from a drop-down list in order to filter sales (e.g. where the comparison website asks a series of questions and then suggests several specific products, particularly where the electronic questionnaire form is pre-populated) and taking into account the length and the level of detail of the personal information required from the customer (e.g. age, previous claims in relation to a specific risk, medical condition etc.), this would be considered, as taking additional steps to assist the customer in the conclusion of an insurance contract and would be, in practice, carrying out an insurance distribution activity." Based on this interpretation of Article 2(1)(1) of the IDD, an activity may be considered insurance distribution if it involves filtering product offerings based on specific consumer-provided data and subsequently presenting one or more tailored insurance products. While Chatbots are not originally designed to facilitate insurance distribution, their functionality may allow them to engage in activities that fall within the scope of Article 2(1)(1) of the IDD. In particular, Chatbots can retain information from previous conversations with individual consumers, including those not directly related to insurance. Unlike traditional distribution channels, Chatbots are not constrained by predefined forms or limited question sets, allowing consumers to provide extensive and detailed personal information. If prompted appropriately, Chatbots may recommend specific insurance products from particular providers, including coverage details and estimated price ranges. This interaction could resemble personalized advice and may influence the consumer's decision to purchase a specific insurance product, potentially qualifying as insurance distribution. Given the evolving nature of digital tools and their increasing role in consumer decision-making, I would appreciate EIOPA's view on how such use of Chatbots should be assessed under the IDD framework. Specifically, I seek clarification on whether such interactions could be considered as taking "additional steps to assist" in the conclusion of an insurance contract, and what regulatory obligations might arise for entities deploying such technologies.

Background of the question

In several interactions with publicly accessible and widely used AI Chatbots, I was able to obtain detailed offers for specific insurance products from specific insurance companies. In some cases, the chatbot also recommended an appropriate level of coverage based on personal data I provided and my stated financial constraints. These experiences raised questions about how such activities should be classified and regulated under the current legal framework, particularly in light of the Insurance Distribution Directive (IDD).