This edited volume explores the impact of recent technological innovations on European insurance law. Key issues addressed include transparency, information duties, fairness, and insurance contracts concluded with professional and private policyholders.
Despite the rapid emergence of new business models, such as digital platforms, and novel advisory services like robo-advisory services, European Law has yet to offer a tailored regulatory response. Directive (EU) 2016/97 on insurance distribution (IDD) establishes a general, principle-based framework but lacks the specificity needed to effectively govern innovative digital insurance distribution models.
In addition to sector-specific instruments, broader regulatory initiatives such as the EU Artificial Intelligence Act and the Digital Services Act (DSA) will reshape the digital insurance ecosystem. The AI Act introduces horizontal rules for developing and deploying AI systems, including those used in automated underwriting, risk profiling, and robo-advisory services. These provisions directly affect the design and accountability of algorithmic tools employed in insurance distribution, especially where high-risk systems are involved. Similarly, the DSA sets out new responsibilities for digital platforms acting as intermediaries, which may have implications for InsurTech firms operating as online marketplaces or aggregators.
Moreover, it remains uncertain whether existing EU instruments governing consumer transactions and market conduct, such as, for example, the Unfair Contract Terms Directive (93/13/EEC), the Unfair Commercial Practices Directive (2005/29/EC) or the Omnibus Directive (2019/2161/EC), adequately capture the legal risks and consumer protection needs arising within the digital insurance landscape. Meanwhile, several supervisory authorities at the EU level (notably EIOPA) and within individual Member States have issued more targeted guidance on InsurTech-related legal questions.
This book contributes a normative and comparative perspective by critically analysing the existing legal frameworks and evaluating their suitability for regulating contemporary insurance markets. In doing so, it fills a significant gap in the academic literature. It invites legal scholars and insurance experts to assess the role of technology in reshaping insurance law across the EU and beyond. Finally, the volume reflects on whether the oft-invoked principle of technological neutrality in regulation remains viable or whether adequate client protection in increasingly digitised insurance environments is at risk. These frameworks underscore the need for an integrated regulatory approach that aligns emerging technology governance with the specificities of insurance law and ensures robust consumer protection in a rapidly evolving digital environment.
