On 12 February this year a seminar was organized by the Polish Insurance Association in co-operation with Domański Zakrzewski Palinka law firm, which focused on the possibility of using cloud computing services in the insurance business. All speakers were legal counsels and lawyers of the DZP law firm.
Their speeches focused on the regulations relevant from the point of view of insurance companies, to which special attention should be paid when signing contracts with CC service providers. In addition, they presented the benefits and risks of providing services in the cloud. The seminar participants talked about the categories of data processed in the cloud in terms of different legal bases, such as personal data as well as trade, banking, insurance secrets.
Basing on the Act on Personal Data Protection and opinion 5/2012 of the Working Group Art. 29
on data processing in the computing cloud, the speakers presented rules of
personal data processing — compliant with the applicable laws — which could provide significant knowledge and support for companies considering the purchase of CC services.
Another discussed topic was related to insurance secret in the context of insurance company’s liability for its breach, citing applicable provisions of the Polish law. Lawyers also drew attention to the European regulations on insurances related to
the outsourcing of IT services, which reflect the Ministry’s of Finance current work on the project objectives for the draft law on insurance and reinsurance business.
Discussing the subject of outsourcing further, the speakers presented new duties and liability scope of the insurance companies arising from the Directive 2009/138/EC on the undertaking and performing insurance and reinsurance activities (called Solvency II), and discussed the proposed supervisory authority for the FSA.
Raport o usługach cloud computing w działalności ubezpieczeniowej.pdf