Chapter 11 Flashcards
What is GDPR and what does it do?
General Data Protection Regulation (2018)
Sets out a firm’s obligations and principles to follow when dealing with and handling customer’s personal data
Does a policyholder have a right to erasure?
No - the insurer obviously needs to hold data about it’s customer so it is deemed necessary information. This may continue to be the case for years after the policy expires as some claims can take many years to become apparent
What is the key requirement of GDPR?
Consent to hold data
What does the Consumer Rights Act 2015 do?
specifically in respect of the terms in a contract
Ensures contract terms will only be binding upon the consumer if they are “fair” and do not place the consumer at a disadvanage
What should CII members adhere to at all times?
CII Code of Ethics
What 5 overlapping requirements constitute ethical behaviour under the CII’s Code of Ethics?
- Integrity
- Fairness
- Compliance
- Service
- Client’s Interest
Define complaint (as defined in DISP)
Any oral or written expression of dissatisfaction, whether justified or not, from or on behalf of a person about the provision of or failure to provide a financial service, which alleges that the complainant has suffered or may suffer financial loss, material distress or material incovenience
Who is an “eligible complainant”?
- A consumer
- Micro-enterprise with fewer than 10 employees and a turnover of less than £2 million
- Charity with an annual income of less than £6.5 million
- Trustee of a trust of less than £5 million
- Small business with fewer than 50 employees and a turnover less than £6.5 million OR just a turnover less than £5 milli
What are the rights of an eligible complainant?
Complaints subject to FCA rules and have a right of access to the Financial Ombudsman Service
How long should records of complaints be kept?
3 years
Under FCA rules how long does an insurer have to respond to a complaint?
8 Weeks
What is the FOS?
Financial Ombudsman Service
Who does the GDPR apply to?
The GDPR applies to controllers and processors in the EU
What is personal data?
is information relating to a living individual who can be identified from
that data
Serious Crime Act 2005
extended a range of serious crime prevention orders that
could be made by the High Court and amended POCA in a number of important respects