UPDATES

New instructions for financial data transmission

On April 17, 2024, IVASS published instructions regarding the electronic transmission of data related to the consolidated annual financial statements and additional information, as established under Articles 26 and 27 of ISVAP Regulation No. 7/2007 (amended by Provision No. 121 of June 7, 2022), providing clear guidance for insurance companies. The instructions clarify how to […]

IVASS – Confconsumatori on life insurance policies: Branch I, Branch III, and regulatory perspectives

On April 18-19 2024, a meeting of the association Confconsumatori with the title “Generation F: comparisons, reflections, and ideas for a more sustainable financial and insurance future”, dedicated to the financial and insurance future of citizens took place in Parma. During the first day, inter alia, the theme of life insurance policies Branch I, Branch […]

Conflict between privacy and the right of access to documents: the TAR Puglia decision

A new chapter opens in the debate between privacy and access to documents, with an insurance company filing an appeal against a Local Health Authority (ASL) for rejected access to documents concerning a road accident. The company insisted on the importance of reviewing the recording of a call to emergency services (118) to verify the […]

CONSOB – Macroprudential approach to asset management

On April 15, 2024 , CONSOB (“National Commission for Companies and the Stock Exchange”) published on its website a press release jointly adopted with the Spanish, French and Austrian Supervisory Authorities, Comisión Nacional del Mercado de Valores (CNMV – Spain), the Autorité des marchés financiers (AMF – France) and the Finanzmarktaufsicht (FMA – Austria), concerning […]

The importance of demographic risk in determining the insurance nature of unit-linked policies

With decision No. 9418/2024 of April 9, 2024, the Italian Supreme Court ruled again on the nature of unit-linked policies. The ruling, recalling the previous cases law on the point, highlighted that unit-linked policies, to be qualified as an insurance product, must contain a demographic risk consisting of an event linked to human lifespan, upon […]

Interpretation of premium refund clauses in case of termination by the agent

The Italian Court of Cassation recently ruled on the complex issue of the reimbursement of premiums paid to agents following the early termination of the contract on initiative the agent, regardless of the reason for termination. The dispute was originally been pending with the Court of Naples. Said local court had ruled in favour of […]

The Italian Data Protection Authority imposes fine on a Local Health Authority (ASL) for irregularities in handling medical records

With decision No. 97 dated February 22, 2024, the Italian Data Protection Authority (or the “Authority”) imposed a fine of € 75,000.00 on a Local Health Authority (ASL) for irregularities in handling the electronic health record. The investigations stemmed from several reports concerning improper access to personal data through the healthcare organization’s storage and reporting […]

ESAs – Trial run regarding the implementation of the Digital Operation Resilience Act (DORA)

On April 11th, the European Supervisory Authorities (ESAs), ESMA, EBA and EIOPA, announced the launch of a voluntary trial run regarding collection of the registers of information of contractual arrangements on the use of ICT third-party service providers by the financial entities requested under the DORA (Regulation) in May 2024. The dry run exercise has […]

EIOPA – Supervisory activity for reinsurance in third countries

On April 4th, EIOPA published a document on the supervision of reinsurance activity with companies operating in third countries, following the provisions of Directive 2009/138/CE (Solvency II) and Annex Delegated Regulation (EU) 2015/35. The document highlights risks arising from reinsurance activities with reinsurers operating in a regulatory framework different than that regulated by the Solvency […]

The State-Owned maritime concessions shall be subject to public bids for tenders

The Council of State, with the recent decision no. 10455 of December 4, 2023, reaffirmed that the state-owned maritime concessions shall be subject to public bids for tenders, as established by EU law and by the predominant EU Court of Justice’s case-law. This principle is also enshrined under article 12 of Directive 2006/123/CE (the so-called […]