Emerging technology-driven innovations in the insurance industry is a trend of recent years. ‘InsurTech’ is the portmanteau describing this phenomenon. Insurance intermediaries are the main distributors of the insurance contracts and several digital intermediaries are already operating with InsurTech. The European Union legal framework on insurance distribution mainly consists of the Insurance Distribution Directive, which came into force a few months ago. However, the Insurance Distribution Directive does not provide standards specifically dictated to these intermediaries. The paper aims to verify, despite this shortcoming, whether and how the recent discipline applies to digital intermediaries.
We collected our primary data by carrying out scheduled semi-structured interviews (using WhatsApp ® , Messenger ® and Skype ®) with 63 participants who are working directly or indirectly with GDPR in financial services between November 2018 and April 2019. The interview was structured using two impact themes, 'Trust, Standardisation and Reputation' and 'Training and 'Resources', with 18 statements under each theme to which participants were required to answer using a 5-point Likert-scale ranging from "Strongly Disagree" to "Strongly Agree". To answer the research questions, the empirical data collected was subjected to statistical analysis using SPSS (Version 21) namely descriptive statistics and box plots and later MANOVA, while the qualitative data was analysed using the thematic approach.
The Insurance Distribution Directive (IDD) aims to regulate insurance distribution in the EU regardless of distribution channels and means. Although new technologies affect insurance distribution, the IDD does not explicitly regulate this digital transformation. Insurers and intermediaries must comply with detailed business conduct rules that aim to counteract distribution risks. However, the IDD exempts ancillary insurance intermediaries from its scope when they meet certain conditions. The article highlights the regulatory framework on insurance, requiring insurers and intermediaries to address distribution risks, and analyses how this exemption affects the management of distribution risks in online distribution from a legal perspective. The focus on online distribution depends on the scale such distribution can achieve. The consideration of the scale allows for challenging the political choice behind the exemption of ancillary insurance intermediaries, which consists of the principle of proportionality. A regulatory proposal to counteract these adverse effects is to remove the exemption from the IDD rules for ancillary intermediaries in online distribution. Such a proposal is compliant with the principle of technological neutrality and is in line with the new legislative proposals in the Digital Services Act and Digital Markets Act.
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