Author Archives: Giovanna Aucone

ANTI-MONEY LAUNDERING AND PRIVACY: THE PRIVACY AUTHORITY’S OPINION ON THE PROPOSED AMENDMENT TO LEGISLATIVE DECREE 231/2007

By Order No. 241 of 7 July 2022, the Italian Privacy Authority issued a favourable opinion in relation to the proposed amendment to Legislative Decree No. 231/2007 on the prevention of the use of the financial system for the purpose of laundering the proceeds of crime and financing terrorism. The aforementioned opinion had been requested […]

Guidelines On Appropriateness And Execution-Only, Issued By ESMA In The Framework Of Directive 2014/65/EU (Mifid II)

Last 12 April, ESMA published on its website the official Italian translation of the “Guidelines on certain aspects of the MiFID II appropriateness and execution-only requirements” (hereinafter, also, “the Guidelines”), adopted pursuant to Article 16 of Regulation 1095/2010/EU, on 3 January 2022. The Guidelines are also available on the institutional website of Consob, which declares […]

Foreign Insurance Undertakings Carrying On Life Insurance Business Under The Freedom To Provide Services – Reporting Under Section V (Intermediaries)

Pursuant to Section VI (“Assessment of money laundering and terrorist financing risks”) of Chapter II of IVASS Regulation No. 44 of 12 February 2019, insurance undertakings with their registered office in a Member State of the European Union or in a country adhering to the European Economic Area are required to transmit, on an annual […]

Clarifications Concerning The Educational Qualification Requirement For Distribution Agents

In a document issued on 8 April 2022, IVASS provided some application clarifications concerning Regulation 40/2018. The first question revolved around the issue according to which those engaged in the activity of distribution, already registered in section E) of the RUI and subsequently canceled, must obtain a qualification pursuant to Article 22, paragraph 1, letter […]

Application Clarifications Concerning Ivass Regulation No. 40/2018

In offering clarifications regarding IVASS Regulation no. 40/2018, IVASS clarifies some important issues. First of all, it specifies that distribution operators, already registered in section E) of the RUI and canceled after 31 March 2021, are not required to obtain an educational qualification for the purposes of a new registration, by virtue of the transitional […]

Limits of Powers of the Technical Consultant Appointed by the Judge in the Acquisition of Documents

What are the powers of the Technical Consultant appointed by the Judge in requiring information for the drafting of his own report? The United Sections of the Supreme Court of Cassation, with judgment no. 3086 of 1 February 2022, stated that the Expert appointed by the Judge may request all sorts of documents necessary to […]

Ivass: In Public Consultation Document No. 5/2022

IVASS has placed in public consultation the Draft Regulation, issued in implementation of article 132-bis, paragraph 3, of the Private Insurance Code, containing provisions concerning the implementation of a telematic comparison system of the premiums of the “basic contract” offered by insurance companies operating in Italy in the motor liability class, introduced by article 1, […]

IVASS – Consultation On Mystery Shopping For Consumer Protection

IVASS has placed in public consultation the Draft Regulation containing provisions on the use of external agents for the purposes of mystery shopping activities for the protection of consumers pursuant to Article 144-bis of Legislative Decree no. 206 of September 6, 2005 (Consumer Code). In the European context, Regulation 2017/239 of the European Parliament and […]

Sanctions Against Russia: Obligations To Report Freezing Measures To UIF

The Russian invasion of Ukraine and the following international crisis triggered by it led to the adoption, by the European Union, of restrictive measures in response to actions that undermined and threatened the territorial integrity, sovereignty, and independence of Ukraine. In particular, such measures – binding in their entirety and immediately applicable in each of […]

Considerations For Future Ivass Regulatory Interventions In Life Products

On 12 December 2021, IVASS published Discussion Paper No. 1 of 2022 on the Preliminary Considerations for future regulatory interventions by IVASS on life products. The Considerations, as indicated above, start from the requests for adjustment of ISVAP Regulation No. 38/2011, as amended by Measure No. 68/2018, which allows undertakings to provide for methods of […]