Processing of personal data under the insurance contract And its consequences for insurance distribution

Transcription

1 Processng of personal data under the nsurance contract And ts consequences for nsurance dstrbuton Mara Inês de Olvera Martns

2 Personal data as a protected expresson of human personalty? vs.? 8(1) CFREU; 16(1) TFUE Protected as a fundamental rght Processng unlawful except when based upon specfc grounds Personal data as counter-performance? Proposal DCSDC Protecton as provded by contract law Processng as a bass for the correspondng rght to performance

3 Personal data as a protected expresson of human personalty? 6.º Lawfulness of processng vs.? Personal data as counter-performance? Proposal DCSDC 1. Processng shall be lawful only f and to the extent that at least one of the followng apples: (a) the data subject has gven consent to the processng of hs or her personal data for one or more specfc purposes; (b) processng s necessary for the performance of a contract to whch the data subject s party or n order to take steps at the request of the data subject pror to enterng nto a contract; ( ) 3.º Scope 1. Ths Drectve shall apply to any contract where the suppler supples dgtal content to the consumer or undertakes to do so and, n exchange, a prce s to be pad or the consumer actvely provdes counterperformance other than money n the form of personal data or any other data.

4 Wthn the nsurance contract Personal data as a protected expresson of human personalty purpose Rsk assessment consent for that specfc purpose necessty (+ request) Personal data as counter-performance? purpose Creaton of economc value for the nsurer 6, 1- b) 6, 1- a) explct consent for that specfc purpose 9., a) general consent to the terms of the contract

5 Personal data as a protected expresson of human personalty Rsk assessment Problems posed by contnuous rsk montorng dfferent bass for the calculus of the premum? refusal to prolongue/renew the contract further use of (a much bgger pool of) data 5., 1-b)

6 Personal data as counter-performance? Creaton of economc value for the nsurer lower premum Lawful? 7.º (Condtons for consent) 4. When assessng whether consent s freely gven, utmost account shall be taken of whether, nter ala, the performance of a contract, ncludng the provson of a servce, s condtonal on consent to the processng of personal data that s not necessary for the performance of that contract. Lmts ( -~ ) consent for that specfc purpose? 6, 1- a) explct consent for that specfc purpose? 9., a) prncples relatng to processng of personal data 5.

7 Personal data as a protected expresson of human personalty Rsk assessment Problems posed by contnuous rsk montorng (-~ ) Lawful? 7.º (Condtons for consent) 4. When assessng whether consent s freely gven, utmost account shall be taken of whether, nter ala, the performance of a contract, ncludng the provson of a servce, s condtonal on consent to the processng of personal data that s not necessary for the performance of that contract.

8 Insurance dstrbuton Insurance dstrbuton Drectve 20.º (Advce, and standards for sales where no advce s gven) 1. Pror to the concluson of an nsurance contract, the nsurance dstrbutor shall specfy, on the bass of nformaxon obtaned from the customer, the demands and the needs of that customer and shall provde the customer wth objecxve nformaxon about the nsurance product n a comprehensble form to allow that customer to make an nformed decson. Any contract proposed shall be consstent wth the customer s nsurance demands and needs. Where advce s provded pror to the concluson of any specfc contract, the nsurance dstrbutor shall provde the customer wth a personalsed recommendaxon explanng why a parxcular product would best meet the customer s demands and needs. 2. The detals referred to n paragraph 1 shall be modulated accordng to the complexty of the nsurance product beng proposed and the type of customer.

9 Thank you for your attenton!