Germany Discussion on electronic correspondence between insurer and customer

News / / Germany Discussion on electronic correspondence between insurer and customer

However, when it comes to the use of email correspondence, a couple of legal questions arise, eg if (and when) it can be expected that the client will read an email or if the way of communication is secure enough Is the insurer permitted to use a customers email address for contract or claim purposes, and eventually also in health or life assurance matters And, if so, what about the (technical) security requirementsIt is a standard under German law that an email at a minimum has to fulfil the security requirements and support encryption (the so called TLS in German) As an alternative approach, there is a discussion whether end-to-end-encryption is necessary This is a very secure way to send an encrypted email One disadvantage of this alternative approach is that there are higher costs and that end-to-end-encryption requires a specific technical set-upThus, most commentators in Germany believe that the solution should be somewhere in between If the customer has given hisher revocable consent for using hisher email address as a way of communication, it would be sufficient for the insurer to use TLS encrypted e-mails to correspond with the customer It is essential however that the customers email address has been given expressly for this purpose and not only for promotional purposesThere is also support for a more flexible approach which recognises that the more sensitive the shared data is (for instance health data), the higher the security requirements need to be In this regard, it is expected that insurers will notify the risks of any chosen method of correspondence to their customers The customers' informed consent is most likely to be the best possibility for technically and legally secure correspondence between insurer and client

Related sectors:

Related services:

Related news & insights

Insights / Success with subrogation in the UAE

25-05-2021 / Insurance

Insurers often perceive subrogated recoveries as challenging and uncertain in this region and that can be true to some extent. 

Success with subrogation in the UAE

Insights / Insurance & Reinsurance guide 2021

25-01-2021 / Insurance

We are pleased to share with you Chambers and Partners 'Insurance & Reinsurance guide 2021', of which Simon Cooper is the contributing editor.

Insurance & Reinsurance guide 2021

Insights / Supreme Court checks out of Orient Express Hotel

19-01-2021 / Insurance

On 15 January 2020, the Supreme Court handed down its judgment in this test case that was initiated by the Financial Conduct Authority (“”FCA”) in order to determine a number of common coverage issues pertaining to the correct response of non-damage business interruption policies to the Covid-19 pandemic.

Supreme Court checks out of Orient Express Hotel

Insights / Decennial Liability in the UAE

05-10-2020 / Insurance

At its core, decennial liability is a form of strict liability imposed on architects, engineers and contractors in the case of total or partial collapse of a building or structure or defects found in the building or structure that threaten the structural integrity of the building.

Decennial Liability in the UAE

Insights / The Insurance and Reinsurance Law Review Eighth Edition

16-06-2020 / Insurance

We’re pleased to share with you the eighth edition of The Insurance and Reinsurance Law Review. Ince is a member of The Law Reviews (TLR) leading panel of contributors and the team this year led by Peter Rogan as the Editor, contributed to the following topics:

The Insurance and Reinsurance Law Review Eighth Edition

Insights / Chapter 15 - England and Wales

16-06-2020 / Insurance

The UK insurance and reinsurance industry is the largest in Europe and the fourth-largest in the world.

Chapter 15 - England and Wales

Quick links

The Legal 500 2021

“Very available and responsive to company developments in real time. Frank, clear advice – not just the ‘easy’ answer.”

The Legal 500 2022

“The solicitors who have handled our employment related issues are of the highest quality in terms of their specialist area of expertise, their professionalism and their approach to us as clients and as people. Special mention has to be made of Laura Livingstone. Laura became a key member of our team and felt more like a colleague than an external adviser – a colleague you could rely upon. Laura’s attention to detail, professionalism and responsiveness was second to none. Laura has come to know and understand us as individuals and this has enabled her to personalise her advice and even sometimes to preempt our future requirements. We have a very special and extremely valuable relationship with her and the firm.”

- The Legal 500

The Legal 500 2022

“Ince are an excellent “fit” with our specific needs. The firm has consistently provided a broad range of personnel-related advice and in our experience that advice has been consistently of the very highest professional standard: it has been timely, comprehensive, accurate and at a cost which is commensurate with the budget of an organisation of our size.”

- The Legal 500

The Legal 500 2022

“The firm has an unusually high degree of insight into the practices and policies required by the Gambling Commission as regards compliance with its own requirements and conditions – particularly Andrew Tait, derived from his previous in-house experience.”

- The Legal 500