EIOPA · 1630 - Article 29(2) IDD assessment and varying rate rebates received by undertakings

Other

Regulation
(EU) No 2017/2359 - info requirements and conduct of business rules applicable
Article
29
Topic
Other
Submitted
2018-07-10
Answered
2019-09-04

Question

If the insurance undertaking receives rebates with different rates from fund managers, what are the implications for the assessment under Article 29(2), IDD?

Answer

Rebates and terms and conditions governing such rebates must be assessed in accordance with Article 29 (2), IDD to ensure that it does not have a detrimental impact on the quality of the relevant service to the customer, and that it does not impair compliance with the insurance intermediary’s or insurance undertaking’s duty to act honestly, fairly and professionally in accordance with the best interests of its customers. The insurance undertaking who receives the rebate, is obliged to consider all relevant factors which may increase or decrease the risk of detrimental impact on the quality of the relevant service to the customer, and which have potential to impair compliance with the insurance undertakings duty to act honestly, fairly and professionally in accordance with the best interests of its customers, including the fact that different rates are received from fund managers. Insurance undertakings should also consider EIOPA’s Opinion on monetary incentives and remuneration between providers of asset management services and insurance undertakings in which the risk of customer detriment related to the practice of receiving rebates from asset managers are addressing, including the application of the Product Oversight and Governance requirements.

This Q&A is published by European Insurance and Occupational Pensions Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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