Consumer protection in e-insurance in European Union law Cover Image

Consumer protection in e-insurance in European Union law
Consumer protection in e-insurance in European Union law

Author(s): Katarzyna Malinowska
Subject(s): Law, Constitution, Jurisprudence
Published by: Polska Izba Ubezpieczeń
Keywords: e-insurance; e-commerce; consumer; financial services; information society

Summary/Abstract: The purpose of the article is to present a summary of the ideas and current tendencies present in the ...uropean Union in respect of consumer protection in e-insurance. Most of all, the goal is to state whether the traditional instruments applied with the aim to protect policyholders are suitable for the needs of e-commerce in insur- ance. First of all then, the issue of consumer protection in the ...uropean Union in the age of information society has been analysed with a particular focus on its evolution and the nature of protective instruments. Secondly, the article discusses specific issues of consumer protection in online insurance, including the nature of con- sumer protection in insurance services and the character of e-insurance versus traditional insurance from the point of view of a policyholder’s protection. Further, an analysis has been made of specific legal instruments, which seem to be characteristic of online contracts. These are, in particular, pre-contractual information du- ties in e-insurance, information duties during the term of a contract, the right of withdrawal and choice of law in e-insurance. The duties imposed on entrepreneurs in this respect result from the ...-commerce Directive, Directive on distance selling of financial services as well as such duties which are imposed by the sectoral legal regulations, such as IMD, Directive 92/49 concerning non-life insurance, as well as Directive 2002/83 concerning life insurance. In conclusion, the author recapitulates ...uropean legal tendencies in insurance, such as prospective changes to the Insurance Mediation Directive (IMD II) and their impact on consumer protection.

  • Issue Year: 2014
  • Issue No: 4
  • Page Range: 39-56
  • Page Count: 18
  • Language: English
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