Scholarly record

DIFFICULTIES OF GENERAL DATA PROTECTION REGULATION APPLICATION TO INSURANCE PRODUCTS DISTRIBUTION

Martina Krugerova, M Koziel

Abstract

Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR) comes into force on 25th May 2018. This regulation exchanges the present Act No. 101/2000 Coll. on personal data protection in the Czech Republic and implements totally new rules for this issue in the EU member states. The aim of the article is to apply the selected provisions GDPR regulations to a distribution of financial concretely insurance products. Typically, more subjects take part into the distribution of insurance products – an insurer and insurance intermediary. Both the insurance company and insurance intermediary will be usually act as the controller and personal data processor. Plurality of those subjects also reflects the relationships dealing with personal data protection. Legal authorization for personal data processing is above that adjusted by the legal regulations of the financial market. Relationship between the client (data subject) and insurance company or insurance intermediary is led by many legal regulations because in many cases, several of them have to be used at the same time and those cannot be in mutual collision. When fulfilling the obligation to protect personal data by GDPR, demands resulting from the regulation of financial services has to be taken into consideration. This article authors deal with application of personal data protection when insurance products are distributed in practice in the Czech Republic. They also find the answers to the selected problematic topics e.g. possible acquire and transfer of contacts to future clients, contacts processing or addressing future clients being recommended.

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