Regulation of InsurTech: Is the Principle of Proportionality an Answer?

In the view of the current discussion on how to regulate the emerging InsurTech companies, if at all, the author attempts to demonstrate that rather than automatically introducing new regulation, the principle of proportionality can, in most cases, help to adapt application of the existing rules and...

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Main Author: Marta Ostrowska
Format: Article
Language:English
Published: MDPI AG 2021-10-01
Series:Risks
Subjects:
Online Access:https://www.mdpi.com/2227-9091/9/10/185
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author Marta Ostrowska
author_facet Marta Ostrowska
author_sort Marta Ostrowska
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description In the view of the current discussion on how to regulate the emerging InsurTech companies, if at all, the author attempts to demonstrate that rather than automatically introducing new regulation, the principle of proportionality can, in most cases, help to adapt application of the existing rules and policy approaches to the InsurTech business models without incurring major regulatory changes. An example of peer-to-peer platforms is used to show how the specificity of each InsurTech company can be grasped by the three key criteria of proportionality: nature, scale and complexity.
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spelling doaj.art-f0b7e7abcbf54f31b35b0672d4966cfa2023-11-22T19:56:01ZengMDPI AGRisks2227-90912021-10-0191018510.3390/risks9100185Regulation of InsurTech: Is the Principle of Proportionality an Answer?Marta Ostrowska0The PRICL Project Group, Faculty of Law, University of Zurich, Rämistrasse 74, CH-8001 Zürich, SwitzerlandIn the view of the current discussion on how to regulate the emerging InsurTech companies, if at all, the author attempts to demonstrate that rather than automatically introducing new regulation, the principle of proportionality can, in most cases, help to adapt application of the existing rules and policy approaches to the InsurTech business models without incurring major regulatory changes. An example of peer-to-peer platforms is used to show how the specificity of each InsurTech company can be grasped by the three key criteria of proportionality: nature, scale and complexity.https://www.mdpi.com/2227-9091/9/10/185principle of proportionalityInsurTechpeer-to-peerInsurance Distribution DirectiveSolvency II Directiveinsurance distributors
spellingShingle Marta Ostrowska
Regulation of InsurTech: Is the Principle of Proportionality an Answer?
Risks
principle of proportionality
InsurTech
peer-to-peer
Insurance Distribution Directive
Solvency II Directive
insurance distributors
title Regulation of InsurTech: Is the Principle of Proportionality an Answer?
title_full Regulation of InsurTech: Is the Principle of Proportionality an Answer?
title_fullStr Regulation of InsurTech: Is the Principle of Proportionality an Answer?
title_full_unstemmed Regulation of InsurTech: Is the Principle of Proportionality an Answer?
title_short Regulation of InsurTech: Is the Principle of Proportionality an Answer?
title_sort regulation of insurtech is the principle of proportionality an answer
topic principle of proportionality
InsurTech
peer-to-peer
Insurance Distribution Directive
Solvency II Directive
insurance distributors
url https://www.mdpi.com/2227-9091/9/10/185
work_keys_str_mv AT martaostrowska regulationofinsurtechistheprincipleofproportionalityananswer