19 Amendments of Laurence SAILLIET related to 2023/0205(COD)
Amendment 183 #
Proposal for a regulation
Recital 14
Recital 14
(14) Customer data related to the provision of non-life insurance are essential to enable insurance products and services important to the needs of customer like the protection of homes, vehicles, and other property. At the same time, the collection of such data is often burdensome and costlycostly for advisers, distributors of investment products, pension products, insurance- based investment products and non-lifre insurance products, and often burdensome for customers and can act as a deterrent against seeking optimal insurance coverage by customers. To address this problem, it is therefore necessary to include such financial services within the scope of this Regulation. Customer data on insurance products within scope of this Regulation should include both insurance product information such as detail on an insurance coverage and data specific to the consumers’ insured assets which are collected for the purposes of a demands and needs test. The sharing of such data should allow for the development of personalised tools for customers, such as insurance dashboards that could help consumers better manage their risks. It could also help customers to obtain products that are better targeted to their demands and needs, including through more valuable advice. This can contribute to more optimal insurance coverage for customers and increased financial inclusion of otherwise underserved consumers, by offering new or increased coverage. Moreover, the sharing of insurance data can be beneficial for more efficient supply of insurance including, in particular, at the stages of product design, underwriting, contract execution, including claims management, and risk mitigation.
Amendment 249 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) non-life insurance products in accordance with Directive 2009/138/EC, with the exception of sickness and health insurance products; and other insurance products involving health data, such as accident insurance, disability insurance, long-term care insurance;including data collected for the purposes of a demands and needs assessment in accordance with Article 20 of Directive (EU) 2016/97 of the European Parliament and Council34 , and data collected for the purposes of an appropriateness and suitability assessment in accordance with Article 30 of Directive (EU) 2016/97. _________________ 34 Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (recast) (OJ L 26, 2.2.2016, p. 19–5)
Amendment 262 #
Proposal for a regulation
Article 2 – paragraph 2 – point j
Article 2 – paragraph 2 – point j
(j) insurance intermediaries and ancillary insurance intermediaries;
Amendment 276 #
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3 a. By way of derogation from paragraph 3, this Regulation shall apply to entities referred to in Article 2(3), point (e) of Regulation (EU) 2022/2554 to the condition that these entities prove they comply with the proportionate provisions established for microenterprises laid down down in in the the Regulation (EU) 2022/2554.
Amendment 289 #
Proposal for a regulation
Article 2 – paragraph 4 a (new)
Article 2 – paragraph 4 a (new)
4 a. This Regulation does not apply to trade secrets, business-sensitive information or proprietary data that the financial institution has generated or enriched.
Amendment 292 #
Proposal for a regulation
Article 2 – paragraph 4 b (new)
Article 2 – paragraph 4 b (new)
4 b. This Regulation applies to data held by retail customers only and does not apply to the sharing of data of commercial customers.
Amendment 301 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘customer data’ means personal and non-personal data, provided by the customer (directly or observed) that is collected, stored and otherwise processed by a financial institution as part of their normal course of business with customers which covers both the relevant personal data provided by a customer and data generated as a result of customer interaction with the financial institutionrelevant product information, such as the information contained in the insurance product information document (IPID); This should not include trade secrets or proprietary data of the financial institution; Data generated by a financial institution, by processing data provided directly by the customer shall not, in any case, be considered as customer;
Amendment 322 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘financial information service provider’ means a data user established in the European Union that is authorised under Article 14 to access the customer data listed in Article 2(1) for the provision of financial information services only. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act), shall not be eligible as a financial information service provider under this Regulation;
Amendment 329 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7 a) "financial information services” means an online service to provide consolidated information on one or more categories of customer financial data listed in Article 2(1);
Amendment 344 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
The data holder shall, upon request from a customer submitted by electronic means, make the data listed in Article 2(1) available to the customer without undue delay, free of charge, continuously and in real-time, where appropriate in the circumstances.
Amendment 352 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. The data holder shall, upon request from a customer submitted by electronic means, make available to a data user the customer data listed in Article 2(1) for the purposes for which the customer has granted permission to the data user. The customer data shall be made available to the data user without undue delay, continuously and in real-time, where appropriate in the circumstances.
Amendment 360 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. A data holder may claim compensation from a data user for making customer data available pursuant to paragraph 1 only if the customer data is made available to a data user in accordance with the rules and modalities of a financial data sharing scheme, as provided in Articles 9 and 10, or if it is made available pursuant to Article 11. This is without prejudice to accessing, sharing and using data on a purely contractual basis without making use of the data-access obligations established by this Regulation.
Amendment 363 #
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3 a. Any undertaking designated as a gatekeeper, pursuant to Article 3 of Regulation (EU) 2022/1925 on contestable and fair markets in the digital sector (Digital Markets Act), shall not be an eligible third party under this Regulation and the data holder shall not therefore grant access to customer data to such entities.
Amendment 448 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Within 18 month5 years from the entry into force of this Regulation, data holders and data users shallmay become members of a financial data sharing scheme governing access to the customer data in compliance with Article 10.
Amendment 455 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
Data holders and data users may become members of more than one financial data sharing schemes.one or more financial data sharing schemes to share data in accordance with the rules and modalities of a financial data sharing scheme of which both the data user and the data holder are members
Amendment 456 #
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
Amendment 472 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h
Article 10 – paragraph 1 – subparagraph 1 – point h
Amendment 488 #
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1 – point h a (new)
Article 10 – paragraph 1 – subparagraph 1 – point h a (new)
(h a) Any compensation agreed upon between a data holder and a data user for making data available in business-to- business relations shall be non- discriminatory and reasonable and may include a margin.The data holder and the data user shall take into account in particular: (a) the costs incurred for making the data available, including, in particular, the costs necessary for the formatting of data, dissemination via electronic means and storage; (b) the investment in the collection and production of data, where applicable, taking into account whether other parties contributed to the obtaining, generating or collecting the data in question.
Amendment 501 #
Proposal for a regulation
Article 11
Article 11