EIOPA · 1636 - Level of detail in appropriateness test and how this relates to unit-linked contracts

Other

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

Question

How detailed should the information obtained for the appropriateness test be? In the case of a unit-linked insurance contract, does it cover both the product and its underlying assets?

Answer

The level of detail will be case-specific and depend upon the individual circumstances of the sale including the nature of the product or service offered or demanded, the risks involved and the knowledge and experience of the customer. Article 17(1) of Delegated Regulation 2017/2359 requires that the information obtained shall include information to the extent appropriate to the nature and type of product or service offered or demanded. Therefore, it should relate to the product overall, including where relevant, such as in the case of a unit-linked insurance contract, the underlying investment assets. Article 19(3) of Delegated Regulation 2017/2359 contains requirements for records to be kept in relation to the appropriateness assessment, in particular regarding the result of the assessment, warnings given to the customer and storage in an accessible manner for future reference.

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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