Private International Law of Insurance Intermediation and the IDD

While the private international law of insurance contracts has been extensively analysed in legal literature, there are only a few contributions to cross-border insurance intermediation. Nonetheless, this is an important topic that must not be overlooked as the EU legislator attaches particular importance to intermediation activities in the realisation of a single market in insurance. While the Insurance Distribution Directive (IDD) contains several provisions on national authorities’ competences and the applicable regulatory requirements, these provisions alone are insufficient in guaranteeing legal certainties of cross-border activities because insurance intermediaries also need to know what private law they have to comply with when advising clients in other Member States. It is thus the aim of this chapter to determine the conflict-of-law rules applicable to insurance intermediation and to analyse how the IDD might influence these rules.