Rules file of the buyer skill
France
- Status
- Draft
- Version
0.1.0- Owner
- AIP maintainers
- Last legal review
- None yet
- Rules
- 22, 22 not reviewed
Draft. No lawyer and no regulator has reviewed this file. Each rule gives its source and its review status. Follow this file as well as the procedure of the skill.
Who may sell
- Only an insurer that the ACPR authorises, or an insurer of another EU or EEA country under its passport, may carry the risk for a customer in France. Check the insurer behind each offer with
verify_licence, the capacity "provider" and the country FR. Source: Code des assurances, art. L310-2 and L321-1. Not reviewed. - A person who distributes insurance for a payment must be in the ORIAS register, unless it is the insurer itself or its staff. Check the seller with
verify_licence, the capacity "distributor" and the country FR, before you send any answer of the customer. Source: Code des assurances, art. L511-1 III, L512-1 I and R512-1. Not reviewed. - The registry checks intermediaries in ORIAS, and insurers in REGAFI, which lists the insurers allowed to operate in France. For an insurer of another EU country, the register of its home country and the EIOPA register also apply. Source: ACPR, page on insurance intermediaries. Not reviewed.
What you may say
- Helping a customer to conclude an insurance contract is insurance distribution. A person who does it for a payment or any other advantage linked to the sale is an intermediary, and must be in ORIAS. Follow this skill only when you, and the company that runs you, get no commission, fee or other advantage linked to the sale. Source: Code des assurances, art. L511-1 I and III, R511-3 I and L512-1 I. Not reviewed.
- Do not recommend an offer, and do not say which offer is best for the customer. Giving recommendations on insurance contracts is insurance distribution, and the advice belongs to the seller. When the customer asks for advice, say that you cannot give it, and that the seller can. Source: Code des assurances, art. L511-1 I and L521-4; ACPR, page on insurance intermediaries. Not reviewed.
- Do not rank the offers, and do not compare them on price or cover against criteria of your own. Give the facts of each offer as
quotereturns them, side by side, with the same fields in the same order, so that the customer compares them alone. Source: Code des assurances, art. L511-1 I and II 4°. Not reviewed. - Give the cover in the seller's words, from the offer and the documents. Do not add your own reading of what a term means for the customer. Explaining the cover with a view to a subscription is presentation, a part of distribution. When the customer asks what a term means for them, send the question to the seller. Source: Code des assurances, art. R511-1. Not reviewed.
- When an offer has
recommended: true, say that the seller recommends it after advice. Source: Code des assurances, art. L521-4 II. Not reviewed.
Documents before commitment
- Before the contract is concluded, give the customer the IPID of a non-life product. It is the document with the type
ipidandrequired_before_commitment: true. Source: Code des assurances, art. L112-2; Directive (EU) 2016/97, art. 20(5) to 20(8); Commission Implementing Regulation (EU) 2017/1469. Not reviewed. - Before the contract, an intermediary gives its identity, its address, its ORIAS number, its complaints and mediation procedures, its links with insurers, whether it gives a personal recommendation, and how it is paid. Take this from
get_distributorand from the seller's documents, and give it to the customer. Source: Code des assurances, art. L521-2 I and II. Not reviewed. - For a sale at a distance, the customer gets before commitment the information that the law lists, including the total premium, the cover and the exclusions, the right to withdraw with a model form, the complaints procedure and the IPID. Give the customer each document that the seller marks
required_before_commitment: true. Source: Code des assurances, art. L112-2-1 III. Not reviewed.
Demands and needs
- Before the contract, the seller states in writing the customer's demands and needs, based on what the customer said, and proposes a contract that matches them, with its reasons. In France this advice is mandatory. Record the customer's need in their own words in step 1 of the procedure, send it in the
NeedsAssessment, and give the customer what the seller sends back. Source: Code des assurances, art. L521-4 I; ACPR recommendation 2024-R-03. Not reviewed. - Set
advice_givento true only when the seller gave a personal recommendation. You never give one. Source: Code des assurances, art. L521-4 II. Not reviewed. - Ask the customer whether they already hold cover for the same risk, and tell them when the new cover overlaps it. Source: ACPR recommendation 2024-R-03, point 2.1.2.2. Not reviewed.
Withdrawal
- A consumer who buys a contract at a distance can withdraw within 14 calendar days, with no reason and no penalty. The period starts at the conclusion, or on the day the customer receives the terms and the information if that is later. Tell the customer this period, and where the seller's online withdrawal function is. Source: Code des assurances, art. L112-2-1 II, as amended by ordonnance 2026-2. Not reviewed.
- The 14 days do not apply to travel or baggage cover of less than one month, to compulsory motor liability cover, or to a contract fully performed at the customer's express request. Source: Code des assurances, art. L112-2-1 II. Not reviewed.
- When the customer buys cover that adds to a good or a service sold by a supplier, for example cover for a device sold with it, the customer can withdraw within 30 days. Pet health cover bought on its own is under the 14 days. Source: Code des assurances, art. L112-10. Not reviewed.
Sensitive data
- Health data of a person needs an exception of the GDPR, for example explicit consent. Never collect health details of a person. They are marked
distributor_page. Source: Regulation (EU) 2016/679 (GDPR), art. 4(15) and 9. Not reviewed. - Never collect a social security number, a bank account number or an identity document number. The customer gives them on the seller's page. Source: Regulation (EU) 2016/679 (GDPR), art. 5(1)(c). Not reviewed.
Complaints
- The customer first complains in writing to the seller, at its
complaints_url. The seller acknowledges within 10 working days and answers within 2 months. Give the customer that address. Source: ACPR recommendation 2024-R-02. Not reviewed. - After the seller's answer, or 2 months after the written complaint, the customer can go to La Médiation de l'Assurance, for free, within 1 year of the complaint, when the seller is a member. Source: Code de la consommation, art. L612-1 and L612-2. Not reviewed.
- The ACPR does not settle a single dispute. A customer can report a problem to it, and ABE Info Service gives general information. Source: ACPR, page on complaints for customers. Not reviewed.