As a result, the directive in question refers to the Insurance Distribution Directive (IDD) of 2005, which the European Parliament passed to address issues relating to the distribution of cross-border services within the EU and its member states. Though this directive has not yet been implemented in any member state, it can still be used as an important reference source when evaluating insurance distribution activities and policies. With that said, let’s look at what exactly this directive entails!
What is an insurance distribution directive?
Many insurance companies sell their products through third-party distributors or brokers. Brokers help customers find policies that best suit their needs, usually in exchange for a commission. When a company sells its products through independent distribution channels, all of its channels must follow strict federal laws (referred to as insurance distribution directives).
The process of following these laws is called compliance. When dealing with compliance, insurance companies have three options: pass down all insurance distribution directive compliance responsibilities to their brokers; hire an outside firm specializing in insurance distribution directive compliance, or hire someone on staff who knows insurance distribution directive compliance regulations inside and out.
Insurance Distribution Directive (IDD) highlights
The Insurance Distribution Directive (IDD) highlights various details related to insurance companies, financial intermediaries, and independent financial advisors. Regarding Insurance Distribution Directive (IDD), which involves only those non-commercial entities whose purpose is or includes the provision of advice on products that are Policies (as defined under Chapter 5A of Part 1C in relation to Section 285 of the Insurance Act).
Thus, the Insurance Distribution Directive (IDD) aims to improve professional standards regarding sales practices, tax, accounting or legal matters.
The Benefits of Using Insurance Distribution Directive
The insurance distribution directive (IDD) is an innovative way to distribute insurance. It was first developed in the United Kingdom and is now being used in other countries. The IDD is becoming increasingly popular in the United States and worldwide. The IDD is an alternative to the current insurance distribution system.
Who does IDD apply to?
The insurance distribution directive applies to those entities and individuals who provide insurance advice to consumers, either in person or online, in exchange for a fee or other consideration.
It does not apply to businesses that sell insurance but do not advise customers on what policies are best for them or help them choose a provider (unless they also operate an insurance advice business).
IDD does not apply to all communication channels; providers must register with HMRC if they distribute products through agents in person, by telephone or electronically, such as through email.
Why do we have IDD?
The Insurance Distribution Directive was introduced in 2001 by the European Union (EU) to end territorial barriers between EU member states that hampered insurance business transactions. Before IDD, rules for selling insurance products varied from country to country, effectively making it impossible for companies based in one EU country to sell insurance policies across borders into other countries where those policies were not allowed or recognized under local laws.
How are IDD rules different from MiFID II rules for distributing financial products?
The insurance distribution directive establishes rules for selling insurance products across borders in Europe. The rules are different from those established by MiFID II. Still, IDD regulations do apply to selling financial products that are not strictly financial products — for example, some types of payment protection insurance fall under IDD guidelines because they have many of the same characteristics as other insurance policies.
That’s why MiFID II regulations don’t apply to companies distributing these policies — IDD regulations come first! Companies distributing such non-financial products will still be required to comply with basic rules related to protecting customer data and truth in advertising requirements.
What happens if I don’t follow the IDD rules when marketing financial products in the UK?
The FCA (Financial Conduct Authority) can find companies that don’t follow the IDD rules when marketing financial products in the UK and can even ban them from operating in certain areas of financial services if necessary. But, that’s not all – the FCA can also impose criminal sanctions on directors or managers if they fail to prevent violations of the regulations.
Do I need to set up my own structure/company as a TPS third-party service provider (TPS)?
Suppose you are an insurance company or a reinsurance company, yes, most likely. Insurance companies need to set up a third-party service provider (TPS) to carry on their business in any other country’s market than their own.
Reinsurance companies are often required to do so, but only if they want to access non-domestic markets as re-insurers. It is not uncommon for insurance/reinsurance companies to set up TPSs instead of subsidiaries as they find that doing so saves them time and money when managing operations in more than one country outside of their territory.
Unfortunately, to comply with insurance distribution directive requirements, all third-party service providers (TPS) must set up their own structure/company to help manage third party information that a company sends to them through a data room (DTR). This can be time-consuming but is an essential part of meeting regulatory requirements. TPS need to register with regulators as data controllers in their region to properly handle sensitive information.
The authorization process for TPS providers
The insurance industry doesn’t work like most others, so a new TPS provider has to go through an authorization process before they can begin offering their services. The process usually takes between six months and two years, though some experts think that’s too long—and that regulators could fast-track licensing in a crisis.
However long it takes, you won’t be able to sell your services until you get regulatory approval; if customers want advice in a hurry (as they often do), they’ll have to stick with traditional providers or apply for individual advice themselves. If you are not authorized within 18 months of applying for authorization, your authorization will lapse automatically – but what does that mean for your business?
Are there any exemptions from IDD requirements?
Yes, there are exemptions from IDD requirements. The insurance companies don’t have to provide you with a copy of IDD if any of the following apply: If your policy meets all 5 tests above (for any given risk), then that policy does not have IDD requirements.
Bottom Line
In conclusion, distribution directives are instructions to the insurer that define how the policy should be distributed to the insured. They also specify the conditions under which the policy may be cancelled.
Such provisions are of crucial importance to the insured. Their inclusion in the policy is an important factor to consider when determining whether to accept a given insurance offer.