Możliwość stosowania "zwolnienia" z art. 2 ust. 1 ustawy o dystrybucji ubezpieczeń do przedsiębiorców prowadzących tzw. marketplace (sprzedaż towarów online)
The Possibility of Applying the 'Exemption' under Article 2(1) of the Insurance Distribution Act to Entrepreneurs Operating a 'Marketplace' (Online Sale of Goods)

Summary/Abstract: The article attempts to determine whether an entrepreneur operating a 'marketplace' may distribute insurance based on Article 2(1) of the Insurance Distribution Act (UDU) by offering insurance complementary to goods that customers purchase from other entities via the 'marketplace'. On the basis of this provision, there may be doubts as to whether the terms 'entrepreneur' and 'supplier' used in said provision refer to the same entity, since the terms 'supply of goods' and 'supplier' used by the legislator are imprecise. The author argues that Article 2(1) of the UDU may apply to such entrepreneurs. This conclusion is supported primarily by the interpretation of the IDD and the approach taken by EIOPA and the European Commission as regards the interpretation of the Directive provisions. This thesis is also strongly supported by axiological arguments.

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