Simont Braun - Avocats advocaten lawyers

Insurance and InsurTech

The economic and regulatory landscape of the insurance sector poses both threats and opportunities for market players.

Well-established insurance companies and intermediaries need to ensure that their organisation is able to swiftly adapt to the continually evolving prudential requirements, rules of conduct, product guidelines and data protection regulations. Anticipating such changes is often rightly seen as a matter of survival for market incumbents, but it can also undoubtedly become a competitive advantage.

For better or worse, new market entrants such as InsurTechs must also take these legal requirements into consideration during product development.

Our fields of expertise

Since its founding, Simont Braun has been advising both established and disruptive insurance operators. We therefore fully understand the particular issues and challenges of this sector.

Our team guides all kinds of insurance service providers through the complex European and Belgian regulatory landscapes, notably covering:

  • Regulatory matters (licence application, "insur-MiFID", GDPR, etc.)

  • Tax issues

  • Contractual matters (broker and agent agreements, T&Cs, etc.)

  • M&A

  • Dispute resolution (including Supreme Courts and EU jurisdictions)

Our expertise is particularly recognised in the fields of life insurance and insurance innovation (InsurTech).

Some recent projects

  • Restructuring an insurance distribution network no longer complying with applicable requirements;

  • Drafting of "insur-MiFID" questionnaires for both insurance companies and brokers;

  • Advising on and drafting a co-brokering agreement;

  • Advising on the application of insurance taxes to a foreign insurance company distributing "for account" insurance policies in Belgium;

  • Assisting several InsurTechs to develop and/or adapt their products in order to comply with Belgian and EU requirements;

  • Advising and assisting InsurTechs regarding licence applications;

  • Representing a well-known insurance and credit provider before the FSMA;

  • Advising a foreign insurance company on regulations covering joint offers;

  • Advising on the conformity of Belgian legal requirements vis-à-vis EU law.