SFDR and Delegated Regulations – Practical Problems with Implementing New Sustainability Regulations in the Insurance Market

Abstract

The article discusses selected doubtful legal issues related to the method of implementing new obligations resulting from EU sustainability-related legislation in the insurance market. The questions examined in the article are related to SFDR provisions, such as the application of obligations to insurance agents, the material scope of the Regulation, remuneration policy or marketing provisions, as well as IDD delegated regulation implementing the concept of examining customer sustainability preferences (the issue of including the obligations in the Suitability Assessment section which is applicable in principle to brokers, and differences in definitions as to the scope of products covered by the Regulation and the Polish Insurance and Reinsurance Act). Furthermore, the article presents de lege ferenda conclusions which could help resolve several existing legal questions.