EU Digital Insurance: Comparative Legal Perspectives
摘要
This chapter sets the scene for our book ‘The Evolution of European Insurance Law in the Digital Age’, and outlines its subject matter and scope. Utilising the state-of-the-art technologies, like machine learning, artificial intelligence, and advanced data analytics, digital insurance is transforming traditional practices in risk assessment, underwriting, customer engagement, and claims processing. The chapters in the book strive to provide a theoretical, historical, and comparative analysis of challenges for regulators and market players posed by the digitalisation of the insurance sector. In this vein, the book provides a comparative legal analysis of digital insurance in the European Union, drawing insights from different fields of legal scholarship, including insurance contract and insurance supervisory law, consumer law and policy, data protection law, digital law, legal history as well as an analysis of insurance markets in practice. The book showcases real-world examples from different EU member states, highlighting innovations in insurance such as personalised (mass-customised) insurance cover, smart contracts and AI applications in insurance, and insurance liability for smart vehicles and robo-directors. To delineate the field of inquiry and the complexity of the subject matter, this introductory chapter provides a bird’s-eye view of the interplay of EU Insurance Law, the EU Digital Acquis, and EU Consumer Law in so far as they pertain to digital insurance. It points out the potential gaps, inconsistencies, and uncertainties in these overlapping legal frameworks, which could jeopardise consumer protection and create challenges for industry compliance. In doing so, the chapter aims to offer a comprehensive research perspective integrating technological advancements with EU and comparative law to foster responsible and sustainable digital transformation in the insurance sector.