News E-BOOK “Introductory notes on the Insurance Distribution Directive (“DDS”)” 12/11/2020

The e-book version of the 2nd Edition, revised and updated, of the “Introductory notes on the Insurance Distribution Directive (“ DDS ”)” by Miguel Duarte Santos, with the collaboration of Sofia Berberan Santos and Ana Vieira Batista, is available on the Amazon Kindle platform.

  • Extract from the introduction:

With these notes, GPA - Gouveia Pereira, Costa Freitas & Associados, Sociedade de Advogados carries on its effort to provide the general public with easy-to-read documents about legislative changes that are relevant to the lives of companies, already inaugurated with the edition of the General Data Protection Regulation - Legislation and a Few Notes and with the publication of the practical Guide to the prevention of money laundering and terrorist financing, among other titles.

Thus, we offer an instrument that is practical and easy to use regarding some changes to the activity of insurance production and distribution to all those who would like to get acquainted with the new Directive 2016/97 of the European Parliament and of the Council, of 20 January 2016 on insurance distribution, known as the Insurance Distribution Directive (“DDS”), transposed by Law no. 7/2019, of 16 January, which approved the legal regime for the distribution of insurance and reinsurance.

These Notes are not, nor do they intend to be, intended for lawyers, but aiming to allow readers of any area of training or professional practice a first approach to the impact of DDS in their activities.

In the same sense, these Notes are not intended to present an exhaustive treatment of the matter nor can they be seen as legal advice for any purposes, and readers must confront, at all times, the correctness and completeness of the applicable rules, as well as their combination and better interpretation, and should obtain expert advice on the matter whenever they must apply the legal regime discussed hereto.

At the time these Notes were prepared, the DDS and the legal regime for the distribution of insurance and reinsurance had not yet been subject to regulation by the Insurance and Pension Funds Supervisory Authority, and the relationship between the new rules and Regulatory Standard No. 17/2006-R, of 29 December, still in force, is not addressed.

  • The notes follow the following structure:

Section I - General aspects of the DDS
§ 1. Transposition into the Portuguese Jurisdiction
§ two. The Impact of «DDS»
Section II - Insurance Distribution
§ 1. Key concept and related concepts in insurance distribution
§ 2. Non-Application
Section III - The Insurance Distributor
Key concept and related concepts in the field of Insurance distributor
Section IV - The Impact of DDS - Transposed Principles
Essential specific duties of distributors
Section V - Specific Notes Regarding the Distribution of Investment Products based on Insurance
Additional requirements for the investment product distribution activity
Section VI - Extrajudicial Dispute Resolution
Section VII - Main innovations brought by Law No. 7/2019 and in the new legal regime for the distribution of insurance and reinsurance
Section VIII - Main impact for Insurance Companies
Section IX - Impacts for Brokers

For more information or for information on how to obtain the printed version of the first edition, contact gpacademy@gpacademy.pt.

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