Outsourcing w działalności ubezpieczeniowej i reasekuracyjnej – zagadnienia prawne
Outsourcing in insurance and reinsurance activity – legal issues

Summary/Abstract: The aim of this article is to describe the legal aspects of outsourcing in insurance and reinsurance activity. The analysis carried out in this article leads to the conclusion that legislation concerning outsourcing raise many doubts. On the one hand, the authors state that any functions or activities of insurance or reinsurance undertakings can be outsourced. In their opinion, outsourcing is not a type of innominate contract and is not limited to functions and activities expressly listed in the Act on Insurance and Reinsurance activity. On the other hand, national legislation did not determine a catalogue of activities that should be considered as outsourcing. Moreover, the undertaking needs to decide when an arrangement falls within the definition of outsourcing and determine whether a function or activity is critical or important. Therefore, it is important to make efforts in order to determine criteria when outsourcing takes place, especially in relation to the outsourcing of key functions. The authors also emphasize the role of the EU legislation, EIOPA interpretations and the legal doctrine in interpreting provisions on outsourcing.

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