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Category Archives: Spain

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Posted in Regulatory and legislative updates, Spain

Spain: The Draft Insurance Distribution Act

On 16 February 2017, the Spanish Insurance Regulator (the ”DGSFP”) submitted to the interested parties the final Draft of the Insurance Distribution Act (the ”ALDS”), which implements in Spain the Directive 2016/97 of the European Parliament and of the Council of 20 January 2016 on Insurance Distribution (the ”IDD”). The objectives of the ALDS are

Posted in France, Germany, Italy, Poland, Regulatory and legislative updates, Spain, UK

The Insurance Distribution Directive….one year to go

  Member States across the EU are due to implement the Insurance Distribution Directive by 23 February 2018.     With just one year to go we have looked at what progress the supervisory authorities in France, Germany, Italy, Poland, Spain and the UK are making with their implementation plans and how firms in each country might be

Posted in Asia, China and Hong Kong, European Union, France, Germany, Hungary, Indonesia, Italy, Japan, Latin America, Market developments, Poland, Regulatory and legislative updates, Russia, Singapore, Singapore, South Africa, Spain, The Netherlands, UK, USA, Vietnam

Hogan Lovells sponsoring InsurTech Rising 2016

Running from 14 to 16 November, the InsurTech Rising conference and Blockchain Summit will bring together key startups and incumbents shaping the InsurTech sector. Hogan Lovells is the conference’s Gold Sponsor and will be presenting on blockchain, the internet of things and insurance regulation, as well as moderating a panel discussion, introducing demos from a

Posted in Asia, European Union, France, Germany, Hungary, Italy, Latin America, Market developments, Poland, Regulatory and legislative updates, Singapore, South Africa, Spain, The Netherlands, UK, USA

Brexit – You snooze, you lose

It is 90 days since the UK’s electorate voted to leave the EU. With so many unknowns, how can you look beyond the uncertainty and decide what to do right now? The Brexit toolkit  is a seven step practical guide to help you assess real impacts and implement a practical response. It also contains critical

Posted in Asia, China and Hong Kong, European Union, France, Germany, Hungary, Indonesia, Italy, Japan, Latin America, Market developments, Poland, Russia, Singapore, Singapore, South Africa, Spain, The Netherlands, UK, USA, Vietnam

InsurTech – Innovation in Insurance?

What is genuinely innovative about today’s insurance sector? Perhaps little – but that is beginning to change. For the past few years we have seen innovative ways of selling products – such as search engine aggregators – at the distribution end of the retail market. Yet with the majority of costs borne by insurers falling

Posted in Asia, China and Hong Kong, European Union, France, Germany, Hungary, Indonesia, Italy, Japan, Latin America, Market developments, Poland, Regulatory and legislative updates, Russia, Singapore, Singapore, South Africa, Spain, The Netherlands, UK, USA, Vietnam

Brexit: Hague Convention ensures English jurisdiction agreements and judgments will continue to have force within the EU

Following last week’s vote for Brexit, many are wondering what impact the decision will have on litigation and arbitration in the UK.  Will jurisdiction agreements in favour of the UK courts continue to be respected within the EU, and will English judgments be enforceable throughout the EU?  How are court documents to be served in

Posted in Asia, China and Hong Kong, European Union, France, Germany, Hungary, Indonesia, Italy, Japan, Latin America, Market developments, Poland, Regulatory and legislative updates, Russia, Singapore, Singapore, South Africa, Spain, The Netherlands, UK, USA, Vietnam

Impact of Brexit on the Insurance Industry

Webinar Invitation – 13 July 2016 In this webinar, we will be looking at the potential impact of Brexit (if and when it happens) on the insurance industry, including the possible implications for the rules on investments and reinsurance, and the effect on regulatory capital and the regulatory balance sheet. We will consider the corporate structures

Posted in Case reports, Spain

Spain: D&O policies and bails asked by Criminal Courts

Last 11 January 2016 Central Examining Court no. 3 (“Juzgado Central de Instrucción nº 3”) decided that in case of crimes that can only be committed intentionally, the D&O policy could guarantee the indemnities to be paid to third parties, but it will never guarantee the damages suffered by the own policyholder due to the

Posted in Regulatory and legislative updates, Spain

Spain: The new classification of financial products

The Order ECC/2316/2015, regarding the duty of information and classification of financial products, published in the Spanish Official Gazette on 5 November 2015, will come into force on 5 February 2016. This Order establishes a standardised information system and classification of financial products aimed at warning the clients about the risk level and complexity of

Posted in European Union, France, Germany, Hungary, Italy, Poland, Regulatory and legislative updates, Spain, The Netherlands, UK

EU: European Commission to issue Green Paper on Retail Financial Services and Insurance

The European Commission has recently published (2 September ) a roadmap on its forthcoming green paper on retail financial service and insurance. The objective of this Green Paper is to consider the obstacles faced by providers and consumers when offering or purchasing financial services across the EU. It will investigate issues not yet addressed in legislation

Posted in European Union, Regulatory and legislative updates, Spain

Delay in the development of regulatory technical standards of KIDs for PRIIPs

PRIIPs are a kind of product which constitutes a market worth up to €10 trillion in the EU according to European Commission estimates. The Joint Committee of the European Supervisory Authorities (ESAs) -EBA, EIOPA and ESMA- were mandated by the PRIIPs Regulation to develop draft Regulatory Technical Standards (RTS) on the content and presentation of

Posted in Regulatory and legislative updates, Spain

A new milestone in the Spanish insurance sector: the reform of the Scale

The Law 35/2015 has modified the system for the valuation of personal damages in car accidents, known generally as the “Scale” (“Baremo”). The new Scale, that is going to enter into force next 1 January 2016, is a key development for the Spanish Insurance sector as a whole because it will not be only applied

Posted in European Union, Regulatory and legislative updates, Spain

ESMA, EBA and EIOPA’s joint technical discussion paper on KID for PRIIPs

PRIIPs are a kind of product which constitutes a market worth up to €10 trillion in the EU according to European Commission estimates. The Joint Committee of the European Supervisory Authorities (ESAs) -EBA, EIOPA and ESMA- were mandated by the PRIIPs Regulation to develop draft Regulatory Technical Standards (RTS) on the content and presentation of

Posted in European Union, Regulatory and legislative updates, Spain

Infrastructure Investment Risk Management – EIOPA’s consultation paper

Last 2 July 2015 EIOPA published its Consultation Paper on the Call for Advice from the European Commission on the identification and calibration of infrastructure investment risk categories. This Consultation is a natural response to the continuous increase experienced in infrastructure investment and promoting initiatives in the last years, not only at a global level

Posted in Asia, European Union, France, Germany, Hungary, Italy, Latin America, Poland, Regulatory and legislative updates, Russia, Spain, The Netherlands, UK, USA

Proposal by Obama Administration Seeks to Limit U.S. Federal Income Tax Deductions for Reinsurance Premiums Paid by U.S. Cedents to Affiliated Non-U.S. Reinsurers

What is Being Proposed In an effort to reduce perceived U.S. tax advantages for certain multinational insurance and reinsurance groups with U.S. operations, the Obama administration in its 2016 Fiscal Year Budget Revenue Proposals seeks new legislation that would deny a U.S. cedent a federal income tax deduction for premiums paid to an affiliated non-U.S.

Posted in Asia, European Union, France, Germany, Hungary, Italy, Latin America, Market developments, Poland, Russia, Spain, The Netherlands, UK, USA

Recognition for Hogan Lovells’ Insurance Team from Who’s Who Legal 2015

Who’s Who Legal has just released its Insurance & Reinsurance 2015 Analysis, “a comprehensive analysis of the market, featuring 559 leading practitioners from 280 firms across 58 jurisdictions”, that highlights Hogan Lovells’ top international insurance practice.   As the Analysis points out, “[o]nly a relatively small number of law firms can boast a global network of

Posted in Regulatory and legislative updates, Spain

Spain: Financial Credit Establishments – New Insurance Brokers

Last 28 April 2015 the Spanish Official Gazette published the Act 5/2015, dated 27 April 2015, on Promotion of the Corporate Finance. One of the modifications introduced by Act 5/2015 was the new legal regime envisaged for Financial Credit Establishments (EFCs), entities created to carry out specific credit and loan operations (such as leasing, factoring,

Posted in Asia, European Union, France, Germany, Italy, Latin America, Poland, Regulatory and legislative updates, Russia, Spain, The Netherlands, UK, USA

Jurisdiction and Governing Law Rules in the European Union

To help litigants navigate those rules and avoid missing tactical opportunities at an early stage in a dispute, we have prepared a note which summarises the three key European Union Regulations and provides easy to navigate flow charts.

Posted in Market developments, Regulatory and legislative updates, Spain

Spain: Impact of Solvency II in the Insurance Companies’ Equity Capital

The Preliminary Draft of the Insurance and Reinsurance Entities’ Organization, Supervision and Solvency Act which will transpose into Spanish Law the Directive 2009/138/CE (Solvency II) was recently published introducing important developments regarding the current legislation. As foreseen in the Directive, the three pillars are the known ones:(i) capital requirements, (ii) the new supervision system for a

Posted in European Union, France, Germany, Italy, Poland, Regulatory and legislative updates, Spain, The Netherlands, UK

EU: IMD2 – Where are we now?

Progress has been made recently with the Council of the European Union agreeing its general approach on the Insurance Mediation Directive 2 (“IMD2”) on 5 November 2014. This allows negotiations to begin with the European Parliament. The European Commission originally presented a proposal for a revised insurance mediation directive in July 2012 and, following initial

Posted in Asia, European Union, France, Germany, Italy, Latin America, Market developments, Poland, Russia, Spain, The Netherlands, UK, USA

Ebola: insurance under the microscope

Ebola continues to devastate West Africa.  Over 14,000 cases including 5,000 deaths have been reported. Whilst the threat of a global outbreak remains relatively low, this crisis and the recent discovery of avian flu in Britain have again brought to the fore the exposure the (re)insurance industry has to pandemics. Prudent (re)insurers should use this