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 […]

Article 36 of Regulation 2015/848: Crisis and insolvency ‘Negotiation law’: synthetic secondary proceedings

ARTICLE 36 OF REGULATION 2015/848: CRISIS AND INSOLVENCY[1]  ‘NEGOTIATION LAW‘: SYNTHETIC SECONDARY PROCEEDINGS. Article 36 of Regulation 2015/848 represents an important innovation in insolvency proceedings as its enforcement may have the effect of avoiding the opening of secondary proceedings. According to such an Article, the insolvency practitioner in the main proceedings may give an undertaking […]

Privacy And Class Action: Admitted Even In The Absence Of A Power Of Attorney

With its recent judgment of 28 April 2022, rendered in case C-319/20, the Court of Justice of the European Union held that consumer associations could act against violations of the right to privacy, even in the absence of a specific delegation by the injured party, and even as a preventive measure. The judgment was handed down following action for an injunction brought by German […]

Italian Parliament Is Making Progress To Save The Yachting Industry

The Italian Finance and Industry Commission at the Senate has expressed a favorable opinion to an important amendment to the “Law Decree Ucraina”,  which will allow extra -Schengen seafarers to remain embarked onboard yachts and ships for more than 90 days. The problem of the 90 days time – limit (the so-called 90/180 days rule) […]

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 […]

Clinical Trials And Privacy: Data Transfer Is Allowed From 3 March 2022

Last 3 March 2022, the new Decree of the Ministry ofr Health of 30 November 2021, published in the Official Journal on 19 February 2022, came into force, containing measures aimed at facilitating and supporting the implementation of non-profit clinical trials of medicinal products and observational studies and regulating the transfer of data and results […]

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 […]