Abstract

There are separate legal structures for secrecy in insurance mediation professions, namely insurance agent’s and insurant broker’s duty of confidentiality. Those regulations are basically different from each other, though they refer to very similar information collected for the same purposes. The insurance secrecy regulations apply only to insurance agents who operate in the name and on behalf of insurance companies, and protection is extended to information collected by agents and not forwarded to insurance companies. Brokers are not bound by insurance secrecy, but are covered by a different secrecy protection regime. Information on the sales process collected by insurance agents or on the acquisition process collected by brokers must be protected within the framework of the duty of confidentiality binding for both insurance mediation professions even if an insurance contract has not been concluded.