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EIOPA, Unit-linked Insurance and Polish Product Intervention: A Silent Regulatory Revolution?
When the Polish financial market supervisor Komisja Nadzoru Finansowego (KNF) notified its intention to prohibit certain unit-linked insurance...
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The PRIIPs Regulation in View of Behavioural Research: An Example of Hyperbolized Mandated Disclosure
Omri Ben-Shahar and Carl E. Schneider criticise the convenient policy option to enact mandated disclosuredisclosure provisions to adequately inform...
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Verkaufsprospekt, Vermögensanlagen- Informationsblatt und Information der Anleger
Ein Anbieter, der im Inland Vermögensanlagen öffentlich anbietet, muss einen Verkaufsprospekt nach diesem Gesetz veröffentlichen, sofern nicht...
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Third-Country Regime and Equivalence: The Swiss Perspective
This paper discusses the role of the third-country regime and equivalence from the Swiss perspective. It provides an analysis of the evolution of the...
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Insurance-Based Investment Products: Regulatory Responses and Policy Issues
The chapter aims to analyse the recent reform of the EU regulatory framework as regards insurance-based investment products (IBIPs). The current...
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Vertical Standards Addressed to Public Authorities
This Chapter analyzes three case studies of ‘traditional’ IOSCO standards, i.e., standards directly addressed to IOSCO Members that are public...
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Sofortiger Vollzug und Bekanntmachung
Keine aufschiebende Wirkung haben...
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The Algorithmic Future of Insurance Supervision in the EU: A Reality Check
Recent developments in FinTech and RegTech marked the EU’s pivot towards a digitally driven Capital Markets Union and a concomitant algorithmic turn...
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Transparency in Insurance Regulation and Supervisory Law of Portugal
The use of the term ‘transparency’ in the context of insurance regulatory law only truly made its way into Portuguese legislation in 2016. In this...
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France
The law relating to the distribution of insurance-based investment contracts in France is a complex accumulation of statutory provisions, European...
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IDD and Distribution Risk Management
Distribution is a key aspect of insurers’ business models. Insurance companies use multi-channel and multi touch-point distribution methods to target...
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Information Duties Stemming from the Insurance Distribution Directive as an Example of Faulty Application of the Principle of Proportionality
IDD directive constitutes a piece of EU primary legislation and therefore it is obliged to respect the legal principles ruling the way in which EU...
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The IDD and Its Impact on the Life Insurance Industry
The life insurance sector not only pertains to a variety of distributors, such as for example, ‘bancassurance’ entities combining investments...
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The Future of Equivalence in the EU Financial Sector
The future of equivalence in the EU financial sector does not look all that bright. Granting third-country entities access to the EU financial...
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Transparency in Dutch Insurance Regulation and Financial Supervision
In this chapter, transparency in Dutch Insurance Regulation and Financial Supervision is discussed. The concept of transparency is a key principle in...
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The Influence of Covid-19 on Life Insurance: Polish Market Perspective
The Covid-19 pandemic has had a huge impact on the insurance industry, both from the perspective of local insurance markets and from a global...
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ESMA as a Residual Lawmaker: The Political Economy and Constitutionality of ESMA’s Product Intervention Measures on Complex Financial Products
This article proposes that product intervention constitutes a form of residual lawmaking by ESMA that allows it to tackle aspects of investor...
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Germany
The German Insurance Contract Law (Versicherungsvertragsgesetz—abbreviation VVG 2008) entered into force on 1 January 2008 after the major reform...
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The Contribution of Product Oversight and Governance (POG) to the Single Market: A Set of Organisational Rules for Business Conduct
Product oversight and governance (POG) is one of the major innovations, if not the most significant, introduced by the Insurance Distribution...
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Blockchain-Based Financial Investments and the Role of Regulatory Authorities: The Italian Perspective
CONSOB is the national Authority controlling the Italian regulatory market. The role of all type of gatekeepers, such as CONSOB, has indeed being...