UPDATES

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 […]

PG Legal for the European Chapter of IYBA

PG Legal Superyach team is proud to announce that has assisted the International Yacht Brokers Association (IYBA) in establishing the European Chapter of the association that will have its principal seat and registered office in Rome and branches in other European countries. Gianfranco Puopolo, founding partner of PG Legal and member of IYBA is the […]

Obligation to enter the Register of Beneficial Owners back in force: TAR dismisses all petitions

Today (April 10, 2024) the Lazio Regional Administrative Court (“TAR”), in six judgments (6837, 6839, 6840, 6841, 6844, 6845) delivered its opinion on the Register of beneficial owners referred to in Article 21, paragraph 3, of Legislative Decree No. 231/2007, rejecting all petitions which had been filed by some fiduciary management companies which alleged the […]

Is the insurance company always obliged to pay the “legal defence costs” in favour of the insured?

In ruling no. 4275 of 16 February 2024, the Italian Court of Cassation, addressed once again the subject of ” legal defence costs ” in  liability proceedings, confirming its previous rulings (precisely: ruling no. 26683 of 15 September 2023 and ruling no. 21290 of 5 July 2022). In the proceeding brought against a decision of […]

IVASS – Published Delegated Regulation (EU) 2024/896

On March 21, IVASS published on its website Delegated Regulation (EU) 2024/896 (approved on December 5, 2023), which has amended Directive (EU) 2016/97 on the distribution of insurance products “IDD”. Following the amendments, the IDD Directive has provided that insurance and reinsurance intermediaries will be required to take out a policy or a similar guarantee […]

Italian Data Protection Authority: Fines on Five Companies for Using Facial Recognition in the Workplace

With Decisions nos. 105, 106, 107, 108, 109 of 22 February 2024, The Italian Data Protection Authority (‘IDPA’) sanctioned five companies (with fines up to €70,000.00) for unlawful processing of biometric data of a large number of employees, and specifically for using facial recognition systems to check the presence of employees in the workplace. These […]

IVASS – Market Letter on POG

On March 27, IVASS (the Institute for the Supervision of Insurance) published a letter to the market addressed to insurance companies with registered offices in Italy, for branch offices, located in Italy, of companies with registered offices in third states and de facto producers, regarding the governance and control of insurance products – Product Oversight […]