CP23/19: Future Regulatory Framework - The Insurance Distribution Directive

Consultation Paper
CP23/19*
Future Regulatory Framework
The Insurance Distribution Directive
September 2023

How to respond
We are asking for comments on this Consultation Paper (CP) by 9 October 2023. You can send them to us using the form on our website. Or in writing to:
Risk & Policy team, Insurance Division Financial Conduct Authority 12 Endeavour Square London E20 1JN Email:
cp23-19@fca.org.uk
When we make rules, we are required to publish an account of the representations we receive and how we have responded to them. We are also required to publish a list of the names of the respondents who made the representations, where those respondents have consent to the publication of their names. In your response, please indicate whether or not you consent to the publication of your name. For further information on confidentiality of responses, see the Disclaimer at the end of this CP. Sign up for our news and publications alerts See all our latest press releases, consultations and speeches. Request an alternative format Please complete this form if you require this content in an alternative format. Or call 020 7066 6087 Contents

1. Summary 3
2. The wider context 5
3. Transferring the retained IDD Regulations
   into our rules 7
   Annex 1
   Questions in this paper 11
   Annex 2
   Cost benefit analysis 12
   Annex 3
   Compatibility statement 13
   Annex 4
   Derivation and Changes Table Source of provision 16
   Annex 5
   Abbreviations used in this paper 26

Chapter 1
Summary
Why we are consulting
1.1 This paper sets out our proposals for transferring part of the regulatory requirements
on insurance firms from current legislation into our rules.
1.2 The UK fully implemented the Insurance Distribution Directive (IDD) in 2018. Most of this
was done through changes to our rules, but some of the requirements were contained in EU delegated regulations which were, at the time, directly applicable. These are part of retained EU law (REUL) following the UK’s exit from the European Union (EU). These delegated acts are:

• Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying
  down a standardised presentation format for the insurance product information document ('IPID Regulation')
• Commission Delegated Regulation (EU) 2017/2358 of 21 September 2017,
  with regard to product oversight and governance requirements for insurance undertakings and insurance distributors ('IDD POG Regulation')
• Commission Delegated Regulation (EU) 2017/2359 of 21 September 2017, with
  regard to information requirements and conduct of business rules applicable to the distribution of insurance–based investment products ('IDD IBIPs Regulation')
• Commission delegated regulation (EU) 2019/1935 of 13 May 2019 amending
  Directive (EU) 2016/97 of the European Parliament and of the Council with regard to regulatory technical standards adapting the base euro amounts for professional indemnity insurance and for financial capacity of insurance and reinsurance intermediaries ('IDD PII Regulation').
  1.3 As part of HM Treasury’s (HMT) Future Regulatory Framework (FRF) Review, now called
  the Smarter Regulatory Framework, HMT have announced their plan to repeal these IDD delegated acts, with an intention that the requirements of the IDD IBIPs Regulation, IDD POG Regulation and IPID Regulation should instead be included within our Handbook. What we are consulting on
  1.4 We are consulting on changes to various sourcebooks intended to replace the provisions
  of the REUL being repealed.
  1.5 These changes essentially take the form of maintaining requirements which currently
  apply to firms, whether directly under the IDD delegated acts or where we apply them through rules. Our intention is to maintain these requirements once the relevant parts of the REUL are repealed. As part of this we are proposing necessary consequential amendments and some minor changes to reflect our Handbook drafting style and

provide greater clarity. Our intention is to provide continuity of the regulatory regime applying to insurance related activities.
1.6 Our proposals should be read alongside HMT’s draft statutory instruments.
Who this applies to
1.7 This consultation is relevant to all firms involved in insurance activities.
Next steps
1.8 We are seeking feedback on these proposals by 9 October 2023.
1.9 Once the consultation period has ended, we will consider the feedback received and
publish our final rules. This will be in line with the Government’s timetable to repeal the legislation.

Chapter 2
The wider context
What we are aiming to achieve
2.1 The IDD delegated regulations provide important detailed requirements on firms which
supplement the obligations from the IDD itself. For example:

• The regulation on product oversight and governance sets out detailed ways in
  which insurance manufacturers must ensure their products meet the needs of customers within the target market.
• The regulation on distribution of insurance-based investment products (IBIPs)
  contains detailed requirements for firms to assess the suitability of products when they recommend them to customers.
• The regulation on the insurance product information document (IPID) sets
  out the format and content of the IPID document, to ensure consistency and comparability.
  2.2 Once these parts of the REUL are repealed, these requirements will cease to apply
  directly to firms. At this stage, our aim is to maintain these requirements by including them as rules in our Handbook to ensure the regulatory regime remains as it is now. We are not intending to introduce any new requirements on firms as part of these proposals, nor are we intending to remove any existing requirements. We consider this approach the most appropriate way to maintain consumer protection and regulatory standards.
  2.3 We will continue to consider whether further, more substantial changes are required to
  the rules in order to deliver an appropriate regulatory regime in the future. In particular:
• We have noted recent concerns raised about how some of our rules apply to
  London market business. We will continue this positive engagement to make sure our rules provide appropriate levels of protection to consumers and market integrity and can be applied proportionately to business in the London market.
• As we review the rules deriving from the Markets in Financial Instruments Directive
  (MiFID II) we will consider how the rules for IBIPs should operate for what may be seen as substitutable products. How it links to our objectives
  2.4 These proposals will maintain the consistency of the regulatory framework. This will
  ensure consumers continue to be protected in the way they are currently. Without making these changes, consumers will not be appropriately protected.

Equality and diversity considerations
2.5 We have considered the equality and diversity issues that may arise from the proposals
in this Consultation Paper.
2.6 Overall, we do not consider that the proposals materially impact any of the groups with
protected characteristics under the Equality Act 2010 (in Northern Ireland, the Equality Act is not enacted but other antidiscrimination legislation applies). We will continue to consider the equality and diversity implications of the proposals during the consultation period, and will revisit them when making the final rules. Environmental, social & governance considerations
2.7 In developing this Consultation Paper, we have considered the environmental, social
and governance implications of our proposals and our duty under ss. 1B(5) and 3B(c) of FSMA to have regard to contributing towards the Secretary of State achieving compliance with the net-zero emissions target under section 1 of the Climate Change Act 2008 and environmental targets under s. 5 of the Environment Act 2021. Overall, we do not consider that the proposals are relevant to contributing to those targets. We will keep this issue under review during the course of the consultation period and when considering whether to make the final rules.

Chapter 3
Transferring the retained IDD Regulations into our rules
3.1 In this chapter we set out our proposed changes to the following sourcebooks:

• the Senior Management Arrangements, Systems and Controls sourcebook (SYSC)
• the Conduct of Business sourcebook (COBS)
• the Insurance: Conduct of Business sourcebook (ICOBS)
• the Product Intervention and Product Governance Sourcebook (PROD)
  3.2 We are also proposing necessary amendments to the Glossary.
  Our general approach
  3.3 Following the UK’s exit from the EU the onshored UK versions of the IDD delegated
  acts in the REUL were replicated in the relevant sourcebooks as ‘UK’ provisions. This was done for ease of reference, to ensure that users could see all the applicable requirements in one place.
  3.4 As this legislation is to be repealed, we propose to replace the replicated provisions
  with rules and guidance. In most cases these are straight copies of what was in the ‘UK’ provisions, but now proposed to be rules. However, as appropriate, we have also made amendments which are intended to improve unclear drafting and ensure the wording follows Handbook-style drafting (HSD). These changes include:
• Where terms defined within the Handbook Glossary are used in existing related
  rules, we have used those defined terms in the new rules and guidance as well. This is to promote consistency and avoid any potential ambiguity.
• We have adjusted some of the language to make it consistent with Handbook style.
  For example, the word ‘shall’ is generally replaced with the word ‘must’.
• Some of the legislative provisions cross-refer to others. For example, some
  provisions say 'As required by Article X…'. We have replaced these with cross￾references to the relevant rule.
• In some places we have split legislative provisions into two. We have done this
  where we consider a part of the provision is more appropriately classified as guidance rather than a rule.
  3.5 We are also proposing to delete defined terms which are no longer required by the rules.
  3.6 Our intention in adopting this approach is to maintain the regulatory requirements
  on firms. We are not intending to introduce any new requirements, nor to remove any requirements which currently apply. This is the approach we have taken to all the sourcebooks impacted. Further specific details relevant to each sourcebook are set out below.

Senior Management Arrangements, Systems and Controls sourcebook Conflicts of interests
3.7 Commission Delegated Regulation (EU) 2017/2359 sets out requirements for the
management of conflicts of interest where firms are involved in the distribution of IBIPs. These are replicated in SYSC chapters 3 and 10. In SYSC 3 these replicated provisions were applied as if they rules to insurers in relation to insurance business not in scope of the IDD Regulation.
3.8 We propose to replace the provisions of the UK version of this regulation with rules and
guidance, following the approach set out in paragraph 3.4. These will continue to be in the same chapters of SYSC.
3.9 Where the Regulation refers to customers, we are proposing to replace this with the
existing defined term ‘client’. We consider this is consistent with the current ‘translation
table’ in SYSC 3.3.3R and terminology already used in SYSC 10.1. This approach is also
consistent with terminology deriving from MiFID II and used in COBS, with which firms should already be familiar.
3.10 In both SYSC 3.3 and SYSC 10.1A we have relied on the existing glossary term of
‘relevant person’ when setting the requirements for identifying (and managing) actual or potential conflicts. We consider this maintains what firms were required to do under the IDD Regulation and is consistent with the rules in SYSC 10.1 for other insurance distribution activities to which the IDD Regulation does not apply. Record keeping for insurance-based investment products
3.11 In addition to the changes above we are also proposing similar changes in SYSC 3.3 and
SYSC 9 in relation to the record keeping obligations for insurance-based investment products. Q1: Do you agree with our proposed changes to SYSC? If not, please explain why.

Conduct of Business sourcebook
3.12 Commission Delegated Regulation (EU) 2017/2359 sets out requirements in relation to
IBIPs for:

• the assessment of whether inducements would have a detrimental impact on the
  service
• the assessment of a policy’s suitability when giving a personal recommendation, or
  appropriateness for non-advised sales
• giving periodic reports to clients
  3.13 These are currently replicated in COBS chapters 2.3A, 9A, 10A and 16A.
  3.14 We propose to replace the provisions of the UK version of this regulation with rules,
  following the approach set out in paragraph 3.4. These will continue to be in the same chapters of COBS. We are proposing these rules will apply to all firms in relation to all insurance distribution activities to which these chapters sections already apply. This means we can remove the rules that currently require firms to comply with the UK provisions as if they are rules where the IDD Regulation does not apply. We will also be making consequential changes to reflect where a UK provision is now a rule. Q2: Do you agree with our proposed changes to COBS? If not, please explain why. Insurance: Conduct of Business sourcebook
  3.15 The IDD introduced a requirement for key information about general insurance
  contracts to be provided to consumers by way of a standardised Insurance Product Information Document (IPID). This requirement was implemented in ICOBS 6. The detailed requirements for the content of the IPID were set out in the IPID Regulation (EU) 2017/1469.
  3.16 We propose to replace the provisions of the UK version of this regulation with rules and
  guidance, following the approach set out in paragraph 3.4. These will continue to be in ICOBS 6 Annex 3, where the replicated provisions of the regulation were previously. We are also proposing to make a small number of consequential amendments to other ICOBS provisions. Q3: Do you agree with our proposed changes to ICOBS? If not, please explain why.

Product Intervention and Product Governance Sourcebook
3.17 The IDD and Commission Delegated Regulation (EU) 2017/2359 introduced detailed
requirements for the manufacture and distribution of insurance products. The requirements were implemented in Chapters 1.4 and 4 of PROD. Provisions of the regulation were replicated in these chapters alongside the rules implementing the IDD.
3.18 We propose to replace the provisions of the regulation with rules, following the approach
set out in paragraph 3.4. These will continue to be in PROD 1.4 and PROD 4. We are also proposing to make a small number of consequential amendments to other PROD provisions to reflect the revised status of these requirements. Q4: Do you agree with our proposed changes to PROD? If not, please explain why. Rights of action
3.19 Under section 138D of FSMA, persons may be able to bring an action for damages
where an authorised firm breaches the rules unless this right has been disapplied. We are not proposing to make any changes to the current position and our proposals follow the existing way in which the relevant sourcebooks deal with section 138D FSMA rights. For example breaches of the ICOBS rules proposed in this consultation may be actionable but these rights are removed for SYSC rules.

Annex 1
Questions in this paper
Q1: Do you agree with our proposed changes to SYSC?
If not, please explain why.
Q2: Do you agree with our proposed changes to COBS?
If not, please explain why.
Q3: Do you agree with our proposed changes to ICOBS?
If not, please explain why.
Q4: Do you agree with our proposed changes to PROD?
If not, please explain why.

Annex 2
Cost benefit analysis
Introduction

1. FSMA, as amended by the Financial Services Act 2012, requires us to publish a cost
   benefit analysis (CBA) of our proposed rules. Specifically, section 138I requires us to publish a CBA of proposed rules, defined as ‘an analysis of the costs, together with an analysis of the benefits that will arise if the proposed rules are made’. However, under
   section 138L(3) we are not required to publish a CBA if, in making the appropriate
   comparison, we consider either there will be no increase in costs or the increase in costs will be of minimal significance.
2. We consider the appropriate comparison to be between:

• the combined requirements of our current rules and the IDD delegated acts as
  part of the REUL, and
• the rules as proposed in this consultation

3. The rules we are proposing are intended to replicate the relevant requirements in the
   IDD delegated acts in the REUL once these have been repealed. As these rules maintain existing requirements which already apply to firms, we do not consider there will be any increase in ongoing compliance costs above those which exist currently. Firms may incur some one-off costs in familiarising themselves with the proposed changes but given our stated approach of replicating existing requirements we consider these costs will be of minimal significance and are proportionate to the outcome we are looking to achieve.

Annex 3
Compatibility statement
Compliance with legal requirements

1. This Annex records the FCA’s compliance with a number of legal requirements
   applicable to the proposals in this consultation, including an explanation of the FCA’s reasons for concluding that our proposals in this consultation are compatible with certain requirements under the Financial Services and Markets Act 2000 (FSMA).
2. When consulting on new rules, the FCA is required by section 138I(2)(d) FSMA to include
   an explanation of why it believes making the proposed rules is compatible with:

• its general duty, under s. 1B(1) FSMA, so far as reasonably possible, to act in a way
  which is compatible with its strategic objective and advances one or more of its operational objectives, and
• its general duty under s. 1B(5)(a) FSMA to have regard to the regulatory principles
  in s. 3B FSMA.

3. The FCA is also required by s. 138K(2) FSMA to state its opinion on whether the
   proposed rules will have a significantly different impact on mutual societies as opposed to other authorised persons.
4. This Annex also sets out the FCA’s view of how the proposed rules are compatible with
   the duty on the FCA to discharge its general functions (which include rule-making) in a way which promotes effective competition in the interests of consumers (s. 1B(4)). This duty applies in so far as promoting competition is compatible with advancing the FCA’s consumer protection and/or integrity objectives.
5. In addition, this Annex explains how we have considered the recommendations made by
   the Treasury under s. 1JA FSMA about aspects of the economic policy of His Majesty’s Government to which we should have regard in connection with our general duties.
6. Under the Legislative and Regulatory Reform Act 2006 (LRRA) the FCA is subject to
   requirements to have regard to a number of high-level ‘Principles’ in the exercise of some of our regulatory functions and to have regard to a ‘Regulators’ Code’ when determining general policies and principles and giving general guidance (but not when exercising other legislative functions like making rules). This Annex sets out how we have complied with requirements under the LRRA.

The FCA’s objectives and regulatory principles: Compatibility statement
7. The proposals set out in this consultation are primarily intended to advance the FCA’s
operational objective of ensuring an appropriate degree of consumer protection. They are also relevant to the FCA’s objective to protect and enhance the integrity of the UK financial system.
8. We consider these proposals are compatible with the FCA’s strategic objective of
ensuring that the relevant markets function well because they are intended to maintain consistency of the regulatory regime. The proposals will ensure consumers continue to be protected in the way they are currently. Maintaining the regulatory regime as it is now will also support the integrity of the insurance market.
9. We consider these proposals are compatible with the FCA’s secondary international
competitiveness and growth objective. The proposals do not introduce new requirements on firms, nor remove existing requirements. This provides continuity of the regulatory regime applying to insurance activities in the UK that will maintain a proportionate regulatory regime and ensure stability. The proposed consequential amendments and drafting style edits will ensure clarity and consistency with the wider Handbook.
10. In preparing the proposals set out in this consultation, the FCA has had regard to the
regulatory principles set out in s. 3B FSMA. Not all of these regulatory principles are relevant to the proposals. We cover the most relevant of the principles below. The principle that a burden or restriction should be proportionate to the benefits
11. The proposals are intended to maintain the regulatory requirements on firms. We are
not intending to introduce any new requirements, nor to remove any requirements which currently apply. By adopting this approach, we are minimising costs for impacted firms. The changes are a necessary consequence of the relevant legislation being repealed. The principle that we should exercise of our functions as transparently as possible
12. By consulting on the proposals, we are acting in accordance with this principle.
13. In formulating these proposals, the FCA has had regard to the importance of taking
action intended to minimise the extent to which it is possible for a business carried on (i) by an authorised person or a recognised investment exchange; or (ii) in contravention of the general prohibition, to be used for a purpose connected with financial crime (as required by s.1B(5)(b) FSMA). Expected effect on mutual societies
14. The FCA does not expect the proposals in this paper to have a significantly different
impact on mutual societies.

Compatibility with the duty to promote effective competition in the interests of consumers
15. In preparing the proposals as set out in this consultation, we have had regard to the
FCA’s duty to promote effective competition in the interests of consumers. Our proposals will maintain the existing regime, Equality and diversity
16. We are required under the Equality Act 2010 in exercising our functions to ‘have due
regard’ to the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by or under the Act, advance equality of opportunity between persons who share a relevant protected characteristic and those who do not, to and foster good relations between people who share a protected characteristic and those who do not.
17. As part of this, we ensure the equality and diversity implications of any new policy
proposals are considered. The outcome of our consideration in relation to these matters in this case is stated in paragraphs 2.5-2.6 of this consultation paper. Consultation with the Panels
18. Section 1RB FSMA requires the FCA to set out information about any engagement with
the statutory panels of the FCA, the PRA or the PSR. As our objective is to maintain existing regulatory standards rather than introduce new standards, we have not consulted the statutory panels. Legislative and Regulatory Reform Act 2006 (LRRA)
19. We have had regard to the principles in the LRRA for the parts of the proposals that
consist of general policies, principles or guidance and consider that our proposals are transparent, accountable, proportionate for the activity to which they apply and are consistent.

Annex 4
Derivation and Changes Table Source of provision Source of provision Handbook Reference Subject matter Policy change/ Handbook style drafting/ other comment The UK version of Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document, which is part of UK law by virtue of the EUWA, as amended by the Technical Standards (Insurance Distribution Directive) (EU Exit) Instrument 2019 (FCA 2019/43):
Article -1 Not transferred Application Not transferred as part of
these changes. ICOBS 1.1.1R and application for ICOBS 6
Annex 3 already covers this.
Article 1(1) ICOBS 6 Annex 3
paragraph 2.4R
Insurance product information document (IPID) information requirements:
Name and company logo of manufacturer Transferred to FCA Handbook with handbook style-drafting changes
Article 1(2) ICOBS 6 Annex 3
paragraph 2.5G
IPID information requirements: Name and company logo of manufacturer Transferred to FCA Handbook with handbook style-drafting changes
Article 2 ICOBS 6 Annex 3
paragraph 2.6R
IPID information requirements: Reference to complete pre-contractual and contractual information Transferred to FCA Handbook with handbook style-drafting changes
Article 3 ICOBS 6 Annex 3
paragraph 3.2R
IPID information requirements: How must the IPID be presented and formatted? Transferred to FCA Handbook with handbook style-drafting changes
Article 4(1) ICOBS 6 Annex 3
paragraph 3.3R and
IPID information requirements: Presentation and order of content Transferred to FCA Handbook with handbook style-drafting changes
Article 4(2) ICOBS 6 Annex 3
paragraphs 3.4G and 3.4AR
IPID information requirements: Presentation and order of content Transferred to FCA Handbook with handbook style-drafting changes
Article 4(3) ICOBS 6 Annex 3
paragraph 3.5G
IPID information requirements: Presentation and order of content Transferred to FCA Handbook with handbook style-drafting changes

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 4(4) ICOBS 6 Annex 3
paragraph 3.6R
IPID information requirements: Presentation and order of content Transferred to FCA Handbook with handbook style-drafting changes
Article 4(5) ICOBS 6 Annex 3
paragraph 3.7R
IPID information requirements: Presentation and order of content Transferred to FCA Handbook with handbook style-drafting changes
Article 5 ICOBS 6 Annex 3
paragraphs 3.8R and 3.8AG
IPID information requirements: Plain language Transferred to FCA Handbook with handbook style-drafting changes
Article 6(1) ICOBS 6 Annex 3
paragraph 3.9
IPID information requirements: Headings and information thereunder Transferred to FCA Handbook with handbook style-drafting changes
Article 6(2) ICOBS 6 Annex 3
paragraph 3.9AR
IPID information requirements: Headings and information thereunder Transferred to FCA Handbook with no changes
Article 7(1) ICOBS 6 Annex 3
paragraph 3.10R
IPID information requirements: Use of icons Transferred to FCA Handbook with handbook style-drafting changes
Article 7(2) ICOBS 6 Annex 3
3.11R
IPID information requirements: Use of icons Transferred to FCA Handbook with handbook style-drafting changes
Article 7(3) ICOBS 6 Annex 3
3.12G
IPID information requirements: Use of icons Transferred to FCA Handbook with handbook style-drafting changes
Article 8 Not transferred Entry into force of the
Regulation
Deleted
Annex ICOBS 6 Annex 3
paragraph 3.13R
IPID information requirements: Template for the standardised presentation format Transferred to FCA Handbook with no changes The UK version of Commission Delegated Regulation (EU) 2017/2358 of 21 September 2017, supplementing the IDD of the European Parliament and of the Council with regard to product oversight and governance requirements for insurance undertakings and insurance distributors, which is part of UK law by virtue of the EUWA, as amended by The Insurance Distribution (Amendment) (EU Exit) Regulations 2019 (SI 2019/663)
Article 1 Not transferred Subject Deleted
Article 2 Not transferred Scope - application of
regulation
Deleted. Not transferred as part of these changes as PROD application followed

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 2A Not transferred Definitions Deleted. Existing FCA
glossary terms have been relied upon and rules cross references are included in particular rules
Article 3(1) PROD 1.4.4R(1) When an intermediary
may be considered to be manufacturing Transferred to FCA Handbook with handbook style-drafting changes
Article 3(2) PROD 1.4.4R(2) When an intermediary
may be considered to be manufacturing Transferred to FCA Handbook with handbook style-drafting changes
Article 3(3) PROD 1.4.4R(3) When an intermediary
may be considered to be manufacturing Transferred to FCA Handbook with handbook style-drafting changes
Article 3(4) PROD 4.2.13R Need for written agreement
where more than one manufacturer
Transferred to FCA
Handbook with handbook style-drafting changes
Article 4(1) PROD 4.2.5R Product approval process Transferred to FCA
Handbook with handbook style-drafting changes
Article 4(2) PROD 4.2.6R Product approval process –
written document
Transferred to FCA
Handbook with handbook style-drafting changes
Article 4(3) PROD 4.2.8R Product approval process –
high level outcomes
Transferred to FCA
Handbook with handbook style-drafting changes
Article 4(4) PROD 4.2.9R Internal governance for
Product approval process
Transferred to FCA
Handbook with handbook style-drafting changes
Article 4(5) PROD 4.2.11R Product approval process
– responsibility when using third parties Transferred to FCA Handbook with handbook style-drafting changes
Article 4(6) PROD 4.2.12R Product approval process –
review of process
Transferred to FCA
Handbook with handbook style-drafting changes
Article 5(1) PROD 4.2.16R Target market identification Transferred to FCA
Handbook with handbook style-drafting changes

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 5(2) PROD 4.2.17R Target market – identifying
customers for whom product is not compatible Transferred to FCA Handbook with handbook style-drafting changes
Article 5(3) PROD 4.2.18R Insurance products
compatibility with target market
Transferred to FCA
Handbook with handbook style-drafting changes
Article 5(4) PROD 4.2.10R Target market – knowledge
and competence of staff
Transferred to FCA
Handbook with handbook style-drafting changes
Article 5(5) Not transferred Meaning on insurance-based
investment product for target market
Deleted. Reliance on existing FCA Handbook Glossary terms
Article 5(6) Not transferred Meaning on insurance-based
investment product for target market
Deleted. Reliance on existing
FCA Handbook Glossary terms
Article 6(1) PROD 4.2.22R Product testing Transferred to FCA
Handbook with handbook style-drafting changes
Article 6(2) PROD 4.2.24R Product testing Transferred to FCA
Handbook with handbook style-drafting changes
Article 7(1) PROD 4.2.35R. Monitoring and review of
insurance products
Transferred to FCA
Handbook with handbook style-drafting changes
Article 7(2) PROD 4.2.36R Monitoring and review –
intervals for review
Transferred to FCA
Handbook with handbook style-drafting changes
Article 7(3) PROD 4.2.37R Monitoring and review
– requirement to take mitigating action Transferred to FCA Handbook with handbook style-drafting changes
Article 8(1) PROD 4.2.27R Distribution channels
– selecting appropriate channels
Transferred to FCA
Handbook with handbook style-drafting changes
Article 8(2) PROD 4.2.30R Distribution channels -
information disclosure to distributors Transferred to FCA Handbook with handbook style-drafting changes

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 8(3) PROD 4.2.31R Distribution channels –
purpose of information disclosure to distributors Transferred to FCA Handbook with handbook style-drafting changes
Article 8(4) PROD 4.2.38R Distribution channels -
Monitoring distribution
Transferred to FCA
Handbook with handbook style-drafting changes
Article 8(5) PROD 4.2.39R Distribution channels –
remedial action
Transferred to FCA
Handbook with handbook style-drafting changes
Article 9 PROD 4.2.7R Product approval process –
record keeping
Transferred to FCA
Handbook with handbook style-drafting changes
Article 10(1) first
sub-paragraph
PROD 4.3.5R Product distribution arrangements for distributors Transferred to FCA Handbook with handbook style-drafting changes
Article 10(1)
second sub￾paragraph
PROD 4.3.14R Product distribution arrangements – written document Transferred to FCA Handbook with handbook style-drafting changes
Article 10(2) PROD 4.3.6R Product distribution
arrangements – high level outcomes
Transferred to FCA
Handbook with handbook style-drafting changes
Article 10(3) PROD 4.3.7R Product distribution
arrangements – obtaining information from manufacturers Transferred to FCA Handbook with handbook style-drafting changes
Article 10(4) PROD 4.3.8R Product distribution
arrangements – alignment of distribution strategies Transferred to FCA Handbook with handbook style-drafting changes
Article 10(5) PROD 4.3.9R Product distribution
arrangements – internal governance
Transferred to FCA
Handbook with handbook style-drafting changes
Article 10(6) PROD 4.3.10R Product distribution
arrangements – review of distribution arrangements Transferred to FCA Handbook with handbook style-drafting changes
Article 11 PROD 4.3.11R Notifying manufacturer
and amending distribution strategy
Transferred to FCA
Handbook with handbook style-drafting changes

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 12 PROD 4.3.13R Product distribution
arrangements – record keeping
Transferred to FCA
Handbook with handbook style-drafting changes
Article 12A Not transferred Directive functions
transferred to the Treasury
Deleted
Article 12B Not transferred Directive functions for
making technical standards regarding the IPID transferred to the Financial Conduct Authority (FCA). Deleted. FSMA rule making powers relied upon FCA to make changes proposed here (and any changes in future)
Article 13 Not transferred Entry into force and
application
Deleted
The UK version of Commission Delegated Regulation (EU) 2017/2359 of 21 September 2017, supplementing the IDD of the European Parliament and of the Council with regard to information requirements and conduct of business rules applicable to the distribution of insurance–based investment products, which is part of UK law by virtue of the EUWA, as amended by the Insurance Distribution (Amendment) (EU Exit) Regulations 2019 (SI 2019/663):
Article 1 Not transferred Scope - application of
regulation
Deleted. Existing application of relevant COBS and SYSC chapters/ sections relied upon.
Article 2(1) Not transferred Definition of relevant person Deleted. Already included in
the FCA Handbook Glossary
Article 2(2) COBS 2.3A.9AR(4)
(a)
Assessment of inducements
– definition of inducement
Transferred to FCA
Handbook with handbook style-drafting changes
Article 2(3) COBS 2.3A.9AR(4)
(b)
Assessment of inducements
– definition of inducement scheme
Transferred to FCA
Handbook with handbook style-drafting changes
Article 2(4) – (7) Not transferred Definitions Deleted. Already included in
the FCA Handbook Glossary
Article 3(1) SYSC 3.3.6R, SYSC
10.1A.2R(1) and
10.1A.2R(2)
Identification of conflicts of interest Transferred to FCA Handbook with handbook style-drafting changes
Article 3(2) SYSC 3.3.7R and
SYSC 10.1A.2R(3)
Identification of conflicts of interest Transferred to FCA Handbook with handbook style-drafting changes

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 4(1) SYSC 3.3.10R and
SYSC 10.1A.3R
Conflicts policy - establishing, implementing and maintaining an effective policy Transferred to FCA Handbook with handbook style-drafting changes
Article 4(2) SYSC 3.3.11R and
SYSC 10.1A.4R
Conflicts policy - contents Transferred to FCA Handbook with handbook style-drafting changes
Article 5 SYSC 3.3.12R and
SYSC 10.1A.5R
Conflicts policy – required procedures and measures Transferred to FCA Handbook with handbook style-drafting changes
Article 6 SYSC 3.3.14R and
SYSC 10.1A.6R
Conflicts policy - Disclosure Transferred to FCA Handbook with handbook style-drafting changes
Article 7(1) SYSC 3.3.15R and
SYSC 10.1A.7R
Conflicts policy - Review of policy
Transferred to FCA
Handbook with handbook style-drafting changes
Article 7(2) SYSC 3.3.16R and
SYSC 10.1A.8R
Conflicts policy - Record keeping
Transferred to FCA
Handbook with handbook style-drafting changes
Article 8 COBS 2.3A.9AR Assessment of inducements
– assessment and meaning of detrimental impact Transferred to FCA Handbook with handbook style-drafting changes
Article 9(1) COBS 9A.2.4AR(1) Suitability assessment –
determining extent of the information required Transferred to FCA Handbook with handbook style-drafting changes
Article 9(2) COBS 9A.2.4AR(2) Suitability assessment –
obtaining information from customers
Transferred to FCA
Handbook with handbook style-drafting changes
Article 9(3) COBS 9A.2.7AR Suitability assessment –
Obtaining information about financial situation Transferred to FCA Handbook with handbook style-drafting changes
Article 9(4) COBS 9A.2.8AR Suitability assessment –
Obtaining information about investment objectives Transferred to FCA Handbook with handbook style-drafting changes
Article 9(5) COBS 9A.2.13AR Suitability assessment –
Insufficient information
Transferred to FCA
Handbook with handbook style-drafting changes

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 9(6) COBS 9A.2.20AR Suitability assessment –
Unsuitability
Transferred to FCA
Handbook with handbook style-drafting changes
Article 9(7) COBS 9A.2.18AR Suitability assessment
– Switching between underlying investment asset Transferred to FCA Handbook with handbook style-drafting changes
Article 10 COBS 9A.2.9AR Suitability assessment –
Reliability of information
Transferred to FCA
Handbook with handbook style-drafting changes
Article 11 COBS 9A.3.1AR Suitability assessment –
Explaining the reasons for assessing suitability Transferred to FCA Handbook with handbook style-drafting changes
Article 12 COBS 9A.2.24G Suitability assessment
– Automated or semi￾automated systems Transferred to FCA Handbook with handbook style-drafting changes
Article 13 COBS 9A.2.15AR Suitability assessment
– Identifying the subject of assessment for group insurance Transferred to FCA Handbook with handbook style-drafting changes
Article 14(1) to (3) COBS 9A.3.3AR Suitability assessment –
Providing a suitability report
Transferred to FCA
Handbook with handbook style-drafting changes
Article 14(4) COBS 9A.3.10R Suitability assessment –
Periodic assessments
Transferred to FCA
Handbook with handbook style-drafting changes
Article 15 COBS 10A.2.3AR Appropriateness assessment

• Assessing a client’s
  knowledge and experience
  Transferred to FCA
  Handbook with handbook style-drafting changes
  Article 16 COBS 10A.4.3R Appropriateness assessment
• non-complex insurance￾based investment products
  Transferred to FCA
  Handbook with handbook style-drafting changes
  Article 17(1) COBS 9A.2.6AR Suitability assessment -
  Obtaining information about knowledge and experience Transferred to FCA Handbook with handbook style-drafting changes COBS 10A.2.4AR(1) Appropriateness assessment
• Obtaining information
  about knowledge and experience

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 17(2) COBS 9A.2.11AR Suitability assessment - -
Discouraging the provision of information Transferred to FCA Handbook with handbook style-drafting changes COBS 10A.2.5AR Appropriateness assessment

• Discouraging the provision
  of information
  Article 17(3) COBS 9A.2.4AR(3) Suitability assessment –
  information already held by the firm
  Transferred to FCA
  Handbook with handbook style-drafting changes COBS 10A.2.4AR(2) Appropriateness assessment
• information already held by
  the firm
  Article 17(4) COBS 9A.2.12AR Suitability assessment –
  Reliance on information
  Transferred to FCA
  Handbook with handbook style-drafting changes COBS 10A.2.6AR Appropriateness assessment
• Reliance on information
  Article 18 COBS 16A.4.2AR Periodic report – content and
  frequency
  Transferred to FCA
  Handbook with handbook style-drafting changes
  Article 19(1) COBS 9A.4.3R Suitability assessment -
  Retention of records
  Transferred to FCA
  Handbook with handbook style-drafting changes COBS 10A.7.2AR Appropriateness assessment
• Retention of records
  Article 19(2) COBS 9A.4.4R Suitability assessment -
  Record-keeping obligations
  Transferred to FCA
  Handbook with handbook style-drafting changes
  Article 19(3) COBS 10A.7.2AR Appropriateness assessment
• Record-keeping
  Transferred to FCA
  Handbook with handbook style-drafting changes
  Article 19(4) SYSC 3.3.19R and
  SYSC 9.1.2CR.
  Retention of conflicts records Transferred to FCA Handbook with handbook style-drafting changes
  Article 19A Not transferred Directive functions
  transferred to the Treasury
  Deleted

Source of provision
Handbook
Reference Subject matter
Policy change/
Handbook style drafting/ other comment
Article 20 Not transferred Entry into force and
application
Deleted
COMMISSION DELEGATED REGULATION (EU) 2019/1935 of 13 May 2019 amending Directive (EU) 2016/97 of the European Parliament and of the Council with regard to regulatory technical standards adapting the base euro amounts for professional indemnity insurance and for financial capacity of insurance and reinsurance intermediaries Entire text Not transferred Makes amendments to the Insurance Distribution Directive ((EU) 2016/97). Adapting the base euro amounts for professional indemnity and for financial capacity of insurance and reinsurance intermediaries. Deleted. Substantive provisions relating to minimum levels of PII cover already appear in MIPRU 3.2.7R and IPRU-INV 9.2.5R/ IPRU INV 13.1.10R1 . 1 Amended by FCA 21/30 the Insurance Distribution (Professional Indemnity Insurance (Limits of Indemnity)) Instrument 2021

Annex 5
Abbreviations used in this paper
Abbreviation Description
CBA Cost benefit analysis
COBS Conduct of Business sourcebook
EU European Union
FSMA Financial Services and Markets Act 2000 HMT HM Treasury HSD Handbook style drafting IBIP Insurance-based investment product ICOBS Insurance: Conduct of Business sourcebook IDD Insurance Distribution Directive IPID Insurance product information document LRRA Legislative and Regulatory Reform Act 2006 MiFID II Markets in Financial Instruments Directive PROD Product Intervention and Product Governance Sourcebook REUL Retained EU law SYSC Senior Management Arrangements, Systems and Controls sourcebook

We make all responses to formal consultation available for public inspection unless the respondent requests otherwise. We will not regard a standard confidentiality statement in an email message as a request for non-disclosure. Despite this, we may be asked to disclose a confidential response under the Freedom of Information Act 2000. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by the Information Commissioner and the Information Rights Tribunal. We are obliged to list the names of respondents, which is a matter separate from any request for the content of a response to be kept confidential. However, we will only publish the name of a respondent to a consultation where that respondent has consented to the publication of their name. All our publications are available to download from www.fca.org.uk. Request an alternative format Please complete this form if you require this content in an alternative format. Or call 020 7066 6087 Sign up for our news and publications alerts

Appendix 1
Draft Handbook text

FCA 2023/XX
INSURANCE DISTRIBUTION DIRECTIVE DELEGATED ACTS: SMARTER REGULATORY FRAMEWORK INSTRUMENT 2023 Powers exercised A. The Financial Conduct Authority (“the FCA”) makes this instrument in the exercise of:
(1) the following sections of the Financial Services and Markets Act 2000 (“the Act”):
(a) section 137A (The FCA’s general rules); (b) section 137T (General supplementary powers); (c) section 138D (Action for damages); and (d) section 139A (Power of the FCA to give guidance); and (2) the other powers and related provisions listed in Schedule 4 (Powers exercised) to the General Provisions of the Handbook. B. The rule-making powers listed above are specified for the purpose of section 138G(2) (Rule-making instruments) of the Act. Commencement
C. This instrument comes into force on [date].
Amendments to the Handbook1
D. The modules of the FCA’s Handbook of rules and guidance listed in column (1) below are amended in accordance with the Annexes to this instrument listed in column (2). (1) (2) Glossary of definitions Annex A Senior Management Arrangements, Systems and Controls sourcebook (SYSC)
Annex B
Conduct of Business sourcebook (COBS) Annex C Insurance: Conduct of Business sourcebook (ICOBS) Annex D Product Intervention and Product Governance sourcebook (PROD)
Annex E
Notes
E. In the Annexes to this instrument, the “notes” (indicated by “Note:” or “Editor’s Note:”) are included for the convenience of readers but do not form part of the legislative text. 1 The instrument includes material adapted from the European Institutions © European Union, and re-used and adapted under the terms of the Commission Decision 2011/833/EU.

FCA 2023/XX
Citation
F. This instrument may be cited as the Insurance Distribution Directive Delegated Acts:
Smarter Regulatory Framework Instrument 2023.
By order of the Board
[date]

FCA 2023/XX
Annex A
Amendments to the Glossary of definitions Amend the following definitions as shown. Underlining indicates new text and striking through indicates deleted text. control (1) … (2) (in SYSC 3, SYSC 8 and SYSC 10):
…
…
IDD Regulation the UK version of Commission Delegated Regulation (EU) 2017/2359 of 21 September 2017, supplementing the IDD of the European Parliament and of the Council with regard to information requirements and conduct of business rules applicable to the distribution of insurance–based investment products, which is part of UK law by virtue of the EUWA. IDD POG Regulation the UK version of Commission Delegated Regulation (EU) 2017/2358 of 21 September 2017, supplementing the IDD of the European Parliament and of the Council with regard to product oversight and governance requirements for insurance undertakings and insurance distributors, which is
part of UK law by virtue of the EUWA.
insurance product information the standardised presentation format as specified in the IDD document IPID Regulation and in ICOBS 6 Annex 3R paragraph 1.1R. IPID information (in ICOBS) the IDD information to be included in the IPID as required by ICOBS 6 Annex 3R, paragraph 2.1R. Delete the following definition. The text is not shown struck through. IDD IPID Regulation the UK version of Commission Implementing Regulation (EU) 2017/1469 of 11 August laying down a standardised presentation format for the insurance product information document, which is part of UK law by virtue of the EUWA.

FCA 2023/XX
Annex B
Amendments to the Senior Management Arrangements, Systems and Controls sourcebook (SYSC) In this Annex, underlining indicates new text and striking through indicates deleted text, unless otherwise stated. [Editor’s note: Where UK legislation paragraph numbers are struck through in this annex, and where these are not replaced by a rule or guidance number, the text is moved one column to the left as relevant. These column changes are not shown.] [Editor’s note: The shading shown in the ‘Insurance Distribution Directive Instrument 2018’ (FCA 2018/25) and reflected as relevant in the ‘Exiting the European Union: High Level Standards (Amendments) Instrument’ (FCA 2019/20), for certain provisions in SYSC 3.3, SYSC 9.1 and SYSC 10.1A below is removed. This change is not shown.] 1 Application and purpose … 1 Annex Detailed application of SYSC
Part 1 Application of SYSC 2 and SYSC 3 to an Insurer, a UK ISPV, a
managing agent and the Society
…
What?
…
1.3A R SYSC 3.3 only applies in relation to the carrying on of insurance distribution activities. … …
Part 2 Application of the common platform requirements (SYSC 4 to 10)
…
What?
…

FCA 2023/XX
…
2.8A R …
(5) The requirements in article 72 of the MiFID Org Regulation do not apply to a firm to the extent that article 19 of the IDD Regulation SYSC 9.1.2CR applies to the firm. (6) SYSC 1 Annex 1 2.8AR(1A) does not apply to a firm to the extent that articles 3 – 7 of the IDD Regulation SYSC 10A apply applies to the firm (see SYSC 1 Annex 1 3.1AG).
Part 3 Tables summarising the application of the common platform
requirements to different types of firm … 3.1A G The IDD Regulation applies to a firm when carrying on insurance distribution in relation to insurance-based investment products. Articles 3 to 7 of the IDD Regulation are reproduced in SYSC 10.1A for information for these firms. [deleted] …
Table A: Application of the common platform requirements in SYSC 4 to SYSC
…
Provision
SYSC 9
COLUMN A
Application to a common platform firm other than to a UCITS investment firm COLUMN A+ Application to a UCITS management company COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full￾scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and

FCA 2023/XX
… third country firms
…
SYSC
9.1.2BG
Guidance
SYSC Applicable
9.1.2CUK Rule
SYSC 9.1.2CR applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products SYSC 9.1.2DR Rule … Provision SYSC 10 COLUMN A Application to a common platform firm other than to a UCITS investment firm COLUMN A+ Application to a UCITS management company COLUMN A++ Application to a full-scope UK AIFM of an authorised AIF COLUMN B Application to all other firms apart from insurers, UK ISPVs, managing agents, the Society, full￾scope UK AIFMs of unauthorised AIFs, MiFID optional exemption firms and third country firms …

FCA 2023/XX
SYSC 10.1A UK R
Applicable
Rules applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products UK R Applicable Rules applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products UK R Applicable Rules applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products UK R Applicable Rules applicable to a firm carrying on insurance distribution in relation to insurance￾based investment products …
Table B: Application of the common platform requirements in SYSC 4 to 10 to
MiFID optional exemption firms and third country firms Provision COLUMN A MiFID optional exemption firms COLUMN B Third country firms … SYSC 9 … SYSC 9.1.2AR Rule in relation to insurance distribution activities Rule in relation to insurance distribution activities SYSC 9.1.2BG Guidance in relation to insurance distribution activities Guidance in relation to insurance distribution activities SYSC 9.1.2CUK SYSC 9.1.2CR UK Applicable Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products UK Applicable Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products

FCA 2023/XX
SYSC 9.1.2DR Rule in relation to insurance distribution activities Rule in relation to insurance distribution activities … SYSC 10 … SYSC 10.1A UK R Applicable Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products UK R Applicable Rule applicable to a firm carrying on insurance distribution in relation to insurance-based investment products … … 3 Systems and controls …
3.3 Additional requirements for insurance distribution
Application
3.3.1 R SYSC 3.3 applies to an insurer in the course of it carrying on any insurance
distribution activities.
Effect of provisions marked “EU”
3.3.2 G The IDD Regulation applies directly to an insurer when carrying on
insurance distribution in relation to insurance-based investment products. Some of the articles of the IDD Regulation (see the provisions marked with the status letters “UK”) are reproduced in this section for those insurers for information only. [deleted]
3.3.3 R (1) To the extent that the IDD Regulation does not apply, provisions
in this section marked with the status letters “UK” apply to the insurer as if they were rules. (2) References in Column (1) to a word or phrase used in the IDD Regulation have, for the purpose of SYSC 3.3.3R(1) above, the meaning indicated in Column (2) of the table below: [deleted]

FCA 2023/XX
(1) (2)
“customer” Client
“insurance-based investment products” Policies “insurance distribution activities” insurance distribution activities “insurance intermediary” insurance intermediary “insurance undertakings” Insurer “relevant person” any of the following:
(a) a director, partner or equivalent, or manager of the insurance intermediary or insurer; (b) an employee of the insurance intermediary or insurer, as well as any other natural person whose services are placed at the disposal and under the control of the insurance intermediary or insurer and who is involved in the insurance distribution activities; and (c) a natural person who is directly involved in the provision of services to the insurance intermediary or insurer under an outsourcing agreement for the purpose of the carrying on by the insurance intermediary or insurer of insurance distribution activities. “remuneration” Remuneration “shall” Must
3.3.4 G The effect of SYSC 3.3.3R is that:
(1) the provisions marked “UK” apply as rules to an insurer when carrying on insurance distribution activities other than insurance distribution in relation to insurance-based investment products;

FCA 2023/XX
(2) where SYSC 3.3.3R applies, an insurer is required to read the provisions marked “UK” as though the application of those provisions is not limited to the distribution of insurance-based investment products; and (3) the scope of the application of the IDD Regulation is extended from insurance distribution to insurance distribution activities. [deleted] Identifying conflicts
3.3.5 R A firm must take all appropriate steps to identify conflicts of interest that
arise between:
(1) the firm, including its managers, employees and appointed representatives (or where applicable, tied agents), or any person directly or indirectly linked to them it by control, and a client of the firm; or (2) one client of the firm and another client. [Note: article 28(1) of the IDD]
3.3.6 UK 3(1) For the purposes of identifying, in accordance with [SYSC 3.3.5R,
R and SYSC 3.3.13R, SYSC 10.1.3R and SYSC 10.1.8R], in so far as those rules apply to the insurance-based investment products, the types of conflicts of interest that arise in the course of carrying out any insurance distribution activities insurance distribution activities related to insurance-based investment products policies and which entail a risk of damage to the interests of a customer client, insurance intermediaries and insurance undertakings shall a firm must assess whether they it, a relevant person relevant person or any person person directly or indirectly linked to them it by control control, have has an interest in the outcome of the insurance distribution activities insurance distribution activities, which meets the following criteria:
(a) it is distinct from the customer’s client’s or potential (1) customer’s client’s interest in the outcome of the insurance distribution activities insurance distribution activities; (b) it has the potential to influence the outcome of the (2) distribution activities insurance distribution activities to the detriment of the customer client. Insurance intermediaries and insurance undertakings shall A firm must proceed in the same way for the purposes of identifying conflicts of interest between one customer client and another.

FCA 2023/XX
3.3.7 UK 3(2) For the purposes of the assessment pursuant to paragraph 1 in
R SYSC 3.3.6R, insurance intermediaries and insurance undertakings shall a firm must take into account, by way of minimum criteria, the following situations:
(a) the insurance intermediary or insurance undertaking firm, a (1) relevant person relevant person or any person person directly or indirectly linked to them it by control control is likely to make a financial gain, or avoid a financial loss, to the potential detriment of the customer client; (b) the insurance intermediary or insurance undertaking firm, a (2) relevant person relevant person or any person person directly or indirectly linked to them it by control control has a financial or other incentive to favour the interest of another customer client or group of customers clients over the interest of the customer client; (c) the insurance intermediary or insurance undertaking firm, a (3) relevant person relevant person or any person person directly or indirectly linked by control control to an insurance intermediary or an insurance undertaking the firm is substantially involved in the management or development of insurance-based investment products policies, in particular where such a person person has an influence on the pricing of those products policies or their distribution costs. [Note: article 3 of the IDD Regulation] ... Conflicts policy
3.3.10 UK 4(1) For the purposes of [SYSC 3.3.8R, and SYSC 3.3.9R, SYSC
R (1) 10.1.3R, SYSC 10.1.7R and SYSC 10.1.7AR], in so far as those rules apply to insurance-based investment products, insurance intermediaries and insurance undertakings shall be expected to a firm must establish, implement and maintain an effective conflicts of interest policy set out in writing and appropriate to their its size and organisation and the nature, scale and complexity of their its business. (2) Where the insurance intermediary or insurance undertaking firm is a member of a group, the policy shall must also take into account any circumstances, of which the insurance intermediary or insurance undertaking firm is or should be aware, which may give rise to a conflict of interest arising as a result of the structure and business activities of other members of the group.

FCA 2023/XX
[Note: article 4(1) of the IDD Regulation] Contents of policy
3.3.11 UK 4(2) The conflicts of interest policy established required in accordance
R with paragraph 1 shall SYSC 3.3.10R must include the following content:
(a) with reference to the specific insurance distribution activities (1) insurance distribution activities carried out, the circumstances which constitute or may give rise to a conflict of interest entailing a risk of damage to the interests of one or more customers clients; (b) procedures to be followed and measures to be adopted in (2) order to manage such conflicts and prevent them from damaging the interests of the customer client. [Note: article 4(2) of the IDD Regulation]
3.3.12 UK 5(1) The procedures and measures referred to in Article 4(2)(b) shall
R (1) required in SYSC 3.3.11R(2) must be appropriate to the size and activities of the insurance intermediary or insurance undertaking firm and of the group to which they it may belong, and to the risk of damage to the interests of the customer client. (2) The procedures to be followed and measures to be adopted in accordance with Article 4(2)(b) shall required in SYSC 3.3.11R(2) must include, where appropriate, the following:
(a) effective procedures to prevent or control the exchange of information between relevant persons relevant persons engaged in activities involving a risk of conflict of interest where the exchange of that information may damage the interests of one or more customers clients; (b) the separate supervision of relevant persons relevant persons whose principal functions involve carrying out activities on behalf of, or providing services, to customers clients whose interests may conflict, or who otherwise represent different interests that may conflict, including those of the insurance intermediary or insurance undertaking firm; (c) the removal of any direct link between payments, including remuneration remuneration, to relevant persons relevant persons engaged in one activity and payments, including remuneration remuneration, to different relevant persons relevant persons principally engaged in another activity, where a conflict of interest may arise in relation to those activities;

FCA 2023/XX
(d) measures to prevent or limit any person person from exercising inappropriate influence over the way in which insurance distribution activities insurance distribution activities are carried out by the insurance intermediary or insurance undertaking firm or their its managers or employees or any person person directly or indirectly linked to them it by control control; (e) measures to prevent or control the simultaneous or sequential involvement of a relevant person relevant person in separate insurance distribution activities insurance distribution activities where such involvement may impair the proper management of conflicts of interest; (f) a gifts and benefits policy which determines clearly under which conditions gifts and benefits can be accepted or granted and which steps are to be taken when accepting and granting gifts and benefits. 5(2) Where insurance intermediaries and insurance undertakings the (3) firm can demonstrate that the measures and procedures referred to in paragraph 1 (1) and (2) are not appropriate to ensure that the insurance distribution activities insurance distribution activities are carried out in accordance with the best interest of the customer client and are not biased due to conflicting interests of the insurance intermediary firm, the insurance undertaking an insurance intermediary or another customer client, insurance intermediaries and insurance undertakings shall the firm must adopt adequate alternative measures and procedures for that purpose. [Note: article 5 of the IDD Regulation] Disclosure of conflicts ...
3.3.14 UK 6(1) Insurance intermediaries and insurance undertakings shall A firm
R (1) must avoid over-reliance on disclosure to ensure that disclosure to customers clients, pursuant to [under SYSC 3.3.13R] and [SYSC 10.1.8R], in so far as those rules apply to insurance-based investment products, is a measure of last resort that can be used only where the effective organisational and administrative arrangements established by the insurance intermediary or insurance undertaking firm to prevent or manage conflicts of interest in accordance with [SYSC 3.3.8R, and SYSC 3.3.9R, SYSC10.1.3R, SYSC 10.1.7R, SYSC 10.1.7AR], in so far as these rules apply to insurance-based investment products are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of the customer client will be prevented.

FCA 2023/XX
6(2) For the purposes of a disclosure of conflicts of interest insurance (2) intermediaries and insurance undertakings shall do all of the following a firm must:
(a) provide a specific description of the conflict of interest in question; (b) explain the general nature and sources of the conflict of interest; (c) explain the risks to the consumer client that arise as a result of the conflict of interest and the steps undertaken to mitigate those risks; (d) clearly state that the organisational and administrative arrangements established by the insurance intermediary or insurance undertaking firm to prevent or manage the conflict of interest are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of the customer client will be prevented. [Note: article 6 of the IDD Regulation] Review of conflicts policy
3.3.15 UK 7(1) For the purposes of 3.3.8 [SYSC 3.3.9R, SYSC 10.1.3R, SYSC
R 10.1.7R and SYSC 10.1.7AR], in so far as those rules apply to insurance-based investment products SYSC 3.3.8R, insurance intermediaries and insurance undertakings shall a firm must assess and periodically review, on an at least annual basis, the conflicts of interest policy established in accordance with Article 4 SYSC 3.3.10R and take all appropriate measures to address any deficiencies. [Note: article 7(1) of the IDD Regulation] Record keeping
3.3.16 UK 7(2) Insurance intermediaries and insurance undertakings shall A firm
R (1) must keep and regularly update a record of the situations in which a conflict of interest entailing a risk of damage to the interests of a customer client has arisen or, in the case of an ongoing service or activity may arise. (2) Senior management of the insurance intermediary or insurance undertaking shall receive A firm must ensure its senior management receives on a frequent basis, and at least annually, written reports on the situations referred to in the first subparagraph (1). [Note: article 7(2) of the IDD Regulation]

FCA 2023/XX
...
3.3.18 G (1) COBS 9A.4 and COBS 10A.7 (record keeping and retention
periods for suitability and appropriateness records) reproduce certain contain record keeping requirements of the IDD Regulation (and apply these requirements to firms not in scope of the IDD Regulation). They that specify information which should be recorded by firms carrying on insurance distribution in relation to insurance-based investment products and for how long the records must be retained. (2) For the purposes of SYSC 3.3.17R, a firm will need to consider whether the requirement in article 19 of the IDD Regulation (or in COBS 9A.4.3UK or 10A.7.2UK COBS 9A.4.3R or COBS 10A.7.2R for any firm to whom the IDD Regulation does not apply) means that a record needs to be retained for longer than five years.
3.3.19 UK 19(4) The records shall required under COBS 9A.4 and COBS 10A.7
R (1) must be retained in a medium that allows the storage of information in a way accessible for future reference by the FCA FCA. The FCA shall be able to access them readily, to reconstitute each element in a clear and accurate manner and to identify easily any changes, corrections or other amendments, and the contents of the records prior to such modifications. (2) The FCA must be able to access the records in (1) readily, to reconstitute each element in a clear and accurate manner and to identify easily any changes, corrections or other amendments, and the contents of the records prior to such modifications. [Note: article 19(4) of the IDD Regulation] … 9 Record-keeping
9.1 General rules on record-keeping
Application to a common platform firm 9.1.-2 G For a common platform firm:
(1) the MiFID Org Regulation applies, as summarised in SYSC 1
Annex 1 3.2G, SYSC 1 Annex 1 3.2-AR and SYSC 1 Annex 1 3.2-
BR; and
(2) the rules and guidance apply as set out in the table below:

FCA 2023/XX
Subject Applicable rule or guidance
General requirements SYSC 9.1.1AR
Specific requirements for insurance distribution SYSC 9.1.2AR, SYSC 9.1.2DR SYSC 9.1.2CR Guidance on record￾keeping SYSC 9.1.2BG, SYSC 9.1.4G, SYSC 9.1.5G, SYSC 9.1.6G, SYSC 9.1.6AG … Specific requirements for the distribution of insurance-based investment products 9.1.2A R A firm carrying on insurance distribution activities in relation to insurance￾based investment products must retain its records relating to:
(1) suitability (COBS 9A); and
(2) appropriateness (COBS 10A), for a period of at least five years. 9.1.2B G (1) COBS 9A.4 and COBS 10A.7 (record keeping and retention periods for suitability and appropriateness records) reproduce set certain record keeping requirements that of the IDD Regulation (and apply these requirements to firms not in scope of the IDD Regulation). They specify information which should be recorded by firms carrying on insurance distribution activities in relation to insurance-based investment products and for how long the records must be retained. (2) For the purposes of SYSC 9.1.2AR, a firm will need to consider whether the requirement in article 19 of the IDD Regulation (or in COBS 9A.4.3UK or COBS 10A.7.2UK COBS 9A.4.3R or COBS 10A.7.2R for any firm to whom the IDD Regulation does not apply) means that a record needs to be retained for longer than five years. 9.1.2C UK 19(4) The records shall required by COBS 9A.4 or COBS 10A.7 must be R (1) retained in a medium that allows the storage of information in a way accessible for future reference by the Financial Conduct Authority FCA. The Financial Conduct Authority shall be able to access them readily, to reconstitute each element in a clear and accurate manner and to identify easily any changes, corrections or other amendments, and the contents of the records prior to such modifications.

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(2) For the purposes of (1), the FCA must be able to access the records readily, to reconstitute each element in a clear and accurate manner and to identify easily any changes, corrections or other amendments, and the contents of the records prior to such modifications. [Note: article 19(4) of the IDD Regulation] 9.1.2D R (1) SYSC 9.1.2CUK applies as if it was a rule to firms doing insurance distribution activities to which the IDD Regulation does not apply, in relation to the records for an insurance-based investment product required in COBS 9A.4 and COBS 10A.7. [deleted] … 10 Conflicts of interest
10.1 Application
…
Application to insurance intermediaries 10.1.-4 G (1) Subject to SYSC 10.1.-3R, this section applies to a firm carrying on insurance distribution activities in accordance with the tables in Part 3 of SYSC 1 Annex 1. Certain rules are disapplied where the firm is subject to the provisions in the IDD Regulation SYSC 10.1A (see SYSC 10.1.-3R). (2) Where a provision in this section applies to an insurance intermediary, it applies in relation to the carrying on of insurance distribution activities. 10.1.-3 R The rules and guidance in the table below do not apply to a firm when carrying on insurance distribution in relation to insurance-based investment products (see where the rules in SYSC 10.1A apply instead for the provisions of the IDD Regulation on conflicts of interest). … 10.1A IDD Regulation Insurance-based investment products – Conflicts of interest Application 10.1A. G The IDD Regulation This section applies, in addition to rules in SYSC 10.1, 1 directly to a firm when carrying on insurance distribution in relation to insurance-based investment products. The relevant articles relating to conflicts of interest are set out in this section for information only. Where a firm carries on other insurance distribution activities in relation to a life

FCA 2023/XX policy or non-investment insurance contract the requirements in SYSC 10.1 will apply. Identifying conflicts 10.1A. UK 3(1) 2 R (1) (2) 3(2) (3) For the purposes of identifying, in accordance with [SYSC 3.3.5R, SYSC 3.3.13R, SYSC 10.1.3R and SYSC 10.1.8R], in so far as those rules apply to the insurance-based investment products, the types of conflicts of interest that arise in the course of carrying out any insurance distribution activities insurance distribution activities related to insurance-based investment products insurance-based investment products and which entail a risk of damage to the interests of a customer client, insurance intermediaries and insurance undertakings shall a firm must assess whether they it, a relevant person relevant person or any person person directly or indirectly linked to them it by control control, have has an interest in the outcome of the insurance distribution activities insurance distribution activities, which meets the following criteria:
(a) it is distinct from the customer’s or potential customer’s client’s interest in the outcome of the insurance distribution activities insurance distribution activities; (b) it has the potential to influence the outcome of the distribution activities insurance distribution activities to the detriment of the customer client. Insurance intermediaries and insurance undertakings shall A firm must proceed in the same way for the purposes of identifying conflicts of interest between one customer client and another. For the purposes of the assessment pursuant to paragraph 1 in (1), insurance intermediaries and insurance undertakings shall a firm must take into account, by way of minimum criteria, the following situations:
(a) the insurance intermediary or insurance undertaking firm, a relevant person relevant person or any person person directly or indirectly linked to them it by control control is likely to make a financial gain, or avoid a financial loss, to the potential detriment of the customer client; (b) the insurance intermediary or insurance undertaking firm, a relevant person relevant person or any person person directly or indirectly linked to them it by control control has a financial or other incentive to favour the interest of another customer client or group of customers clients over the interest of the customer client;

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(c) the insurance intermediary or insurance undertaking firm, a relevant person relevant person or any person person directly or indirectly linked by control control to an insurance intermediary or an insurance undertaking the firm is substantially involved in the management or development of insurance-based investment products insurance-based investment products, in particular where such a person person has an influence on the pricing of those products policies or their distribution costs. [Note: article 3 of the IDD Regulation] Conflicts policy 10.1A. UK 4(1) For the purposes of [SYSC 3.3.8R, SYSC 3.3.9R, SYSC 10.1.3R, 3 R (1) SYSC 10.1.7R and SYSC 10.1.7AR], in so far as those rules rules apply to insurance-based investment products insurance-based investment products, insurance intermediaries and insurance undertakings shall be expected to a firm must establish, implement and maintain an effective conflicts of interest policy set out in writing and appropriate to their its size and organisation and the nature, scale and complexity of their its business. (2) Where the insurance intermediary or insurance undertaking firm is a member of a group, the policy shall must also take into account any circumstances, of which the insurance intermediary or insurance undertaking firm is or should be aware, which may give rise to a conflict of interest arising as a result of the structure and business activities of other members of the group. [Note: article 4(1) of the IDD Regulation] Contents of policy 10.1A. UK 4(2) The conflicts of interest policy established required in accordance 4 R with paragraph 1 shall SYSC 10.1A.3R must include the following content:
(a) with reference to the specific insurance distribution activities (1) insurance distribution activities carried out, the circumstances which constitute or may give rise to a conflict of interest entailing a risk of damage to the interests of one or more customers clients; (b) procedures to be followed and measures to be adopted in (2) order to manage such conflicts and prevent them from damaging the interests of the customer client. [Note: article 4(2) of the IDD Regulation]

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10.1A.
UK
R
5(1)
(1)
The procedures and measures referred to in Article 4(2)(b) shall required in SYSC 10.1A.4R(2) must be appropriate to the size and activities of the insurance intermediary or insurance undertaking firm and of the group to which they it may belong, and to the risk of damage to the interests of the customer client. (2) The procedures to be followed and measures to be adopted in accordance with Article 4(2)(b) shall required in SYSC 10.1A.4R(2) must include, where appropriate, the following:
(a) effective procedures to prevent or control the exchange of information between relevant persons relevant persons engaged in activities involving a risk of conflict of interest where the exchange of that information may damage the interests of one or more customers clients; (b) the separate supervision of relevant persons relevant persons whose principal functions involve carrying out activities on behalf of, or providing services, to customers clients whose interests may conflict, or who otherwise represent different interests that may conflict, including those of the insurance intermediary or insurance undertaking firm; (c) the removal of any direct link between payments, including remuneration remuneration, to relevant persons relevant persons engaged in one activity and payments, including remuneration remuneration, to different relevant persons relevant persons principally engaged in another activity, where a conflict of interest may arise in relation to those activities; (d) measures to prevent or limit any person person from exercising inappropriate influence over the way in which insurance distribution activities insurance distribution activities are carried out by the insurance intermediary or insurance undertaking firm or their its managers or employees or any person person directly or indirectly linked to them it by control control; (e) measures to prevent or control the simultaneous or sequential involvement of a relevant person relevant person in separate insurance distribution activities insurance distribution activities where such involvement may impair the proper management of conflicts of interest; (f) a gifts and benefits policy which determines clearly under which conditions gifts and benefits can be accepted or granted and which steps are to be taken when accepting and granting gifts and benefits.

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5(2) Where insurance intermediaries and insurance undertakings the (3) firm can demonstrate that the measures and procedures referred to in paragraph 1 (1) and (2) are not appropriate to ensure that the insurance distribution activities insurance distribution activities are carried out in accordance with the best interest of the customer client and are not biased due to conflicting interests of the insurance intermediary firm, the insurance undertaking an insurance undertaking or another customer client, insurance intermediaries and insurance undertakings shall the firm must adopt adequate alternative measures and procedures for that purpose. [Note: article 5 of the IDD Regulation] Disclosure of conflicts 10.1A. UK R 6(1) (1) Insurance intermediaries and insurance undertakings shall A firm must avoid over-reliance on disclosure to ensure that disclosure to customers clients, pursuant to [SYSC 3.3.13R and under SYSC 10.1.8R], in so far as those rules apply to insurance-based investment products insurance-based investment products, is a measure of last resort that can be used only where the effective organisational and administrative arrangements established by the insurance intermediary or insurance undertaking firm to prevent or manage conflicts of interest in accordance with [SYSC 3.3.8R, SYSC 3.3.9R, SYSC 10.1.3R, SYSC 10.1.7R, and SYSC 10.1.7AR], in so far as those rules rules apply to insurance-based investment products insurance-based investment products are not sufficient to ensure, with reasonable confidence, that risks of damage to the interests of the customer client will be prevented. 6(2) (2) For the purposes of a disclosure of conflicts of interest insurance intermediaries and insurance undertakings shall do all of the following a firm must:
(a) provide a specific description of the conflict of interest in question; (b) explain the general nature and sources of the conflict of interest; (c) explain the risks to the consumer client that arise as a result of the conflict of interest and the steps undertaken to mitigate those risks; (d) clearly state that the organisational and administrative arrangements established by the insurance intermediary or insurance undertaking firm to prevent or manage the conflict of interest are not sufficient to ensure, with reasonable

FCA 2023/XX confidence, that risks of damage to the interests of the customer client will be prevented. [Note: article 6 of the IDD Regulation] Review of conflicts policy 10.1A. UK 7(1) For the purposes of [SYSC 3.3.8R, SYSC 3.3.9R, SYSC 10.1.3R, 7 R SYSC 10.1.7R and SYSC 10.1.7AR], in so far as those rules apply to insurance-based investment products, insurance intermediaries and insurance undertakings shall a firm must assess and periodically review, on an at least annual basis, the conflicts of interest policy established in accordance with Article 4 SYSC 10.1A.3R and take all appropriate measures to address any deficiencies. [Note: article 7(1) of the IDD Regulation] Record keeping 10.1A. UK 7(2) Insurance intermediaries and insurance undertakings shall A firm 8 R (1) must keep and regularly update a record of the situations in which a conflict of interest entailing a risk of damage to the interests of a customer client has arisen or, in the case of an ongoing service or activity may arise. (2) Senior management of the insurance intermediary or insurance undertaking shall receive A firm must ensure its senior management receives on a frequent basis, and at least annually, written reports on the situations referred to in the first subparagraph (1). [Note: article 7(2) of the IDD Regulation] Sch 1 Record keeping requirements … Sch 1.2

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Handbook reference
Subject of record Contents of record
When record must be made
Retention period
…
SYSC
9.1.2AR,
SYSC 3.3.6R
SYSC
3.3.16R
Suitability or appropriateness in relation to an insurance-based investment product … … … …

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Annex C
Amendments to the Conduct of Business sourcebook (COBS) In this Annex, underlining indicates new text and striking through indicates deleted text, unless otherwise indicated. [Editor’s note: Where UK legislation paragraph numbers are struck through in this annex, and where these are not replaced by a rule or guidance number, the text is moved one column to the left as relevant. These column changes are not shown.] [Editor’s note: The shading shown in the ‘Insurance Distribution Directive Instrument 2018’ (FCA 2018/25) and reflected as relevant in the ‘Exiting the European Union: Business Standards (Amendments) Instrument’ (FCA 2019/23), for certain provisions in COBS 2.3A, COBS 9A, COBS 10A and COBS 16A below is removed. This change is not shown.] 1 Application …
1.3 Insurance distribution
References in COBS to the IDD Regulation [deleted]
1.3.1 G (1) This sourcebook contains a number of provisions which
transposed the IDD.
(2) In order to help firms which are subject to those requirements which implemented the IDD to understand the full extent of those requirements, this sourcebook also reproduces a number of provisions of the IDD Regulation, marked with the status letters “UK”. (3) This sourcebook does not reproduce the IDD Regulation in its entirety. A firm to which provisions of the IDD Regulation applies should refer to Commission Delegated Regulation (EU) 2017/2359 as published in the electronic version of the Official Journal of the European Union and as amended by the [Insurance Distribution (Amendment) (EU Exit) Regulations 2019]. [deleted]
1.3.2 G In some cases, this sourcebook applies provisions of the IDD Regulation
to firms as if those provisions were rules. [deleted]
1.3.3 R (1) Where this sourcebook applies provisions of the IDD Regulation
as if they were rules, (2) applies to enable firms to correctly interpret and understand the application of those provisions. (2) In this sourcebook, a word or phrase found in a provision marked “UK” and referred to in column (1) of the table below

FCA 2023/XX has the meaning indicated in the corresponding row of column (2) of the table. (1) (2) “advice” personal recommendation “competent authority” FCA “customer” and “potential customer” Client “durable medium” durable medium “financial instrument” financial instrument and (if the context requires) designated investment and structured deposit “insurance-based investment product” insurance-based investment product “insurance distribution” insurance distribution activities “insurance intermediary” and “intermediary” insurance intermediary “insurance product” life policy “insurance undertaking” and “undertaking” Insurer “shall” Must (3) In this sourcebook, where a reproduced provision of an article of the IDD Regulation refers to another part of the IDD Regulation, that other provision must also be read with reference to the table in (2). [deleted]
1.3.4 G Firms to which provisions of the IDD Regulation are applied as if they
were rules should use the text of any preamble to the relevant provision marked “UK” to assist in interpreting any such references or cross￾references. [deleted] Interpretation – “in good time”
1.3.5 G (1) Certain provisions in this sourcebook which implemented IDD
require firms to provide clients with information “in good time”.

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There are also other provisions in this sourcebook which require information to be provided “in good time”, for example, COBS 6.1ZA.19AR. (2) In determining what constitutes the provision of information “in good time”, a firm should take into account, having regard to the urgency of the situation, the client’s need for sufficient time to read and understand the information before taking an investment decision. (3) A client is likely to require more time to review information given on a complex or unfamiliar product or service, or a product or service a client has no experience with, than a client considering a simpler or more familiar product or service, or where the client has relevant prior experience. … Conduct of business obligations … 2.3A Inducements relating to MiFID, equivalent third country or optional exemption business and insurance-based investment products … Rules on inducements … 2.3A.6 R (1) COBS 2.3A.5R does not apply to:
(a) a fee, commission or non-monetary benefit which:
(i) is designed to enhance the quality of the relevant service to the client (see COBS 2.3A.8R and, also for an insurance-based investment product, COBS 2.3A.9AUK COBS 2.3A.9AR); and … … … … Additional requirements for the assessment of inducements: insurance-based investment products

2.3A.9A
FCA 2023/XX
UK
R
8(1)
(1)
8(2)
(2)
(3)
An inducement or inducement scheme shall will be considered to have a detrimental impact on the quality of the relevant service to the customer client where it is of such a nature and scale that it provides an incentive to carry out insurance distribution activities insurance distribution activities in a way that is not in compliance with the obligation to act honestly, fairly and professionally in accordance with the best interests of the customer client. For the purposes of assessing whether an inducement or inducement scheme has a detrimental impact on the quality of the relevant service to the customer client, insurance intermediaries and insurance undertakings shall an insurance intermediary or an insurer must perform an overall analysis taking into account all relevant factors which may increase or decrease the risk of detrimental impact on the quality of the relevant service to the customer client, and any organisational measures taken by the insurance intermediary or insurance undertaking firm carrying out distribution activities insurance distribution activities to prevent the risk of detrimental impact. They shall, in particular, consider the following criteria:
A firm must, in particular, consider the following criteria:
(a) whether the inducement or inducement scheme could provide an incentive to the insurance intermediary or insurance undertaking firm to offer or recommend a particular insurance product insurance-based investment product or a particular service to the customer client despite the fact that the insurance intermediary or insurance undertaking firm would be able to offer a different insurance product insurance-based investment product or service which would better meet the customer’s client’s needs; (b) whether the inducement or inducement scheme is solely or predominantly based on quantitative commercial criteria or whether it takes into account appropriate qualitative criteria, reflecting compliance with applicable regulations legal requirements, the quality of services provided to customers clients and customer client satisfaction; (c) the value of the inducement paid or received in relation to the value of the product insurance-based investment product and the services provided; (d) whether the inducement is entirely or mainly paid at the moment of the conclusion of the insurance contract policy or extends over the whole term of that contract;

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(e) the existence of an appropriate mechanism for reclaiming the inducement in case the product insurance-based investment product lapses or is surrendered at an early stage or in case the interests of the customer client have been harmed; (f) the existence of any form of variable or contingent threshold or any other kind of value accelerator which is unlocked by attaining a target based on volume or value of sales. (4) For the purposes of (1) to (3):
2(2) (a) ‘inducement’ means any fee, commission, or any non￾monetary benefit provided by or to such an intermediary or undertaking insurance intermediary or insurer in connection with the distribution of an insurance-based investment product insurance-based investment product, to or by any party except the customer client involved in the transaction in question or a person person acting on behalf of that customer client; 2(3) (b) ‘inducement scheme’ means a set of rules governing the payment of inducements, including the conditions under which the inducements are paid. [Note: articles 2(2), 2(3) and 8 of the IDD Regulation] 2.3A.9B R COBS 2.3A.9AUK applies as if it was a rule to firms in relation to insurance distribution activities to which the IDD Regulation does not apply. [deleted] … Information about the firm, its services and remuneration … 6.1ZA Information about the firm and compensation information (MiFID and insurance distribution provisions) … Information about a firm and its services: insurance distribution 6.1ZA.7 R A firm carrying on insurance distribution activities must provide a retail A client with the following general information, if relevant:
…
(6) (a) a description, which may be provided in summary form, of (as applicable) the conflicts of interest policy, SYSC

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3.3.1UK (applied by SYSC 3.3.3R) or the policy required by article 4(1) of the IDD Regulation SYSC 3.3.10R (for insurers) or SYSC 10.1A.3R (for insurance intermediaries in relation to insurance-based investment products); and … … … 7 Insurance distribution
7.1 Application
7.1.1 R This chapter applies to a firm carrying on insurance distribution activities
in relation to a life policy, but only if the State of the commitment is an the United Kingdom. … … 9A Suitability (MiFID and insurance-based investment products provisions) 9A.1 Application and purpose … Effect of provisions marked “UK” for the firms distributing insurance-based investment products 9A.1.4 R Provisions in this chapter marked “UK” and including a Note (‘Note:’) referring to the IDD Regulation apply as if they were rules in relation to insurance distribution activities to which the IDD Regulation does not apply. [deleted] 9A.2 Assessing suitability: the obligations … Assessing the extent of the information required: insurance-based investment products 9A.2.4A UK 9(1) R (1) For the purposes of providing advice a personal recommendation on an insurance-based investment product insurance-based investment product in accordance with [COBS 9A.2.1R and COBS 9A.2.16R], insurance intermediaries or insurance undertakings shall a firm must determine the extent of the information to be collected from the customer or potential customer client in light of all the features of the advice to be provided to the customer or potential customer client.

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9(2) Without prejudice to the fact that, in accordance with [COBS (2) 9A.2.3AR, COBS 9A.3.2R and COBS 9A.3.2AR], any contract insurance-based investment product proposed shall must be consistent with the customer’s client’s demands and needs, insurance intermediaries or insurance undertakings shall a firm must obtain from customers or potential customers the client such information as is necessary for them the firm to understand the essential facts about the customer or potential customer client and to have a reasonable basis for determining that their its personal recommendation personal recommendation to the customer or potential customer client satisfies all of the following criteria:
(a) it meets the customer’s or potential customer’s client’s investment objectives, including that person’s risk tolerance; (b) it meets the customer’s or potential customer’s client’s financial situation, including that person’s ability to bear losses; (c) it is such that the customer or potential customer client has the necessary knowledge and experience in the investment field relevant to the specific type of product insurance-based investment product or service. 17(3) Where information required for the purposes of [COBS (3) 9A.2.1R, and COBS 9A.2.16R, COBS 10A.2.1R and COBS 10A.2.2R] has already been obtained pursuant to [COBS 9A.2.3AR, COBS 9A.3.2R and COBS 9A.3.2AR], insurance intermediaries and insurance undertakings shall a firm must not request it information it already has anew from the customer client. [Note: articles 9(1) and (2) and 17(3) of the IDD Regulation] … Obtaining information about knowledge and experience: insurance-based investment products 9A.2.6A UK 17(1) For the purposes of [COBS 9A.2.1R, and COBS 9A.2.16R, R COBS 10A.2.1R and COBS 10A.2.2R] in relation to an insurance-based investment product, the necessary information to be obtained by insurance intermediaries and insurance undertakings a firm with regard to the customer’s or potential customer’s client’s knowledge and experience in the relevant investment field shall must include, where relevant, the following, to the extent appropriate to the nature of the customer client, and the nature and type of product insurance￾Page 30 of 69

FCA 2023/XX based investment product or service offered or demanded, including their complexity and the risks involved:
(a) the types of service, transaction, insurance-based (1) investment product insurance-based investment product or financial instrument financial instrument with which the customer or potential customer client is familiar; (b) the nature, number, value and frequency of the (2) customer’s or potential customer’s client’s transactions in insurance-based investment products insurance-based investment products or financial instruments financial instruments and the period over which they have been carried out; (c) the level of education, and profession or relevant former (3) profession of the customer or potential customer client. [Note: article 17(1) of the IDD Regulation] … Obtaining information about a client’s financial situation: insurance-based investment products 9A.2.7A UK 9(3) The In relation to an insurance-based investment product, the R (1) information regarding the customer’s or potential customer’s client’s financial situation, including that person’s ability to bear losses, shall must include, where relevant, information on the source and extent of the customer’s or potential customer’s client’s regular income, assets, including liquid assets, investments and real property and the regular financial commitments. The level of information gathered shall be appropriate to the specific type of product or service being considered. (2) The level of information gathered must be appropriate to the specific type of insurance-based investment product or service being considered. [Note: article 9(3) of the IDD Regulation] … Obtaining information about a client’s investment objectives: insurance-based investment products 9A.2.8A UK 9(4) The In relation to an insurance-based investment product, the R (1) information regarding the customer’s or potential customer’s client’s investment objectives, including that person’s risk tolerance, shall must include, where relevant, information on the length of time for which the customer or potential customer

FCA 2023/XX client wishes to hold the investment, that person’s preferences regarding risk taking, the risk profile, and the purposes of the investment. The level of information gathered shall be appropriate to the specific type of product or service being considered. (2) The level of information gathered must be appropriate to the specific type of insurance-based investment product or service being considered. [Note: article 9(4) of the IDD Regulation] … Reliability of information: insurance-based investment products 9A.2.9A UK 10 (1) Insurance intermediaries and insurance undertakings shall In R relation to an insurance-based investment product, a firm must take reasonable steps to ensure that the information collected about customers and potential customers the client for the purposes of the assessment of suitability is reliable. Such steps shall include, but shall not be limited to, the following:
(2) The steps in (1) must include, but not be limited to, the following:
(a) ensuring that customers the client are is aware of the importance of providing accurate and up-to-date information; (b) ensuring that all tools, such as risk assessment profiling tools or tools to assess a customer’s client’s knowledge and experience, employed in the suitability assessment process are fit-for-purpose and are appropriately designed for use with their its customers clients, with any limitations identified and actively mitigated through the suitability assessment process; (c) ensuring that questions used in the process are likely to be understood by the customers client and to capture an accurate reflection of the customer’s client’s objectives and needs and the information necessary to undertake the suitability assessment; (d) taking steps, as appropriate, to ensure the consistency of customer client information, such as considering whether there are obvious inaccuracies in the information provided by the customer client. [Note: article 10 of the IDD Regulation]

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…
Discouraging the provision of information: insurance-based investment products 9A.2.11 UK 17(2) The insurance intermediary or insurance undertaking shall In A R relation to insurance-based investment products, a firm must not discourage a customer or potential customer client from providing information required for the purposes of [COBS 9A.2.1R, and COBS 9A.2.16R, COBS 10A.2.1R and COBS 10A.2.2R]. [Note: article 17(2) of the IDD Regulation] … Reliance on information: insurance-based investment products 9A.2.12 UK 17(4) The insurance intermediary or insurance undertaking shall be A R entitled to For the purposes of assessing suitability in relation to an insurance-based investment product, a firm may rely on the information provided by its customers or potential customers clients unless it is aware or ought to be aware that the information is manifestly out of date, inaccurate or incomplete. [Note: article 17(4) of the IDD Regulation] … Insufficient information: insurance-based investment products 9A.2.13 UK 9(5) Where the insurance intermediary or insurance undertaking a A R firm does not obtain the information required under [COBS 9A.2.1R and COBS 9A.2.16R], the insurance intermediary or insurance undertaking shall the firm must not provide advice a personal recommendation on insurance-based investment products insurance-based investment products to the customer or potential customer client. [Note: article 9(5) of the IDD Regulation] … Identifying the subject of a suitability assessment: insurance-based investment products 9A.2.15 UK 13 (1) With regard to group insurance the insurance intermediary or A R insurance undertaking shall a firm must establish and implement a policy as to who shall will be subject to the suitability assessment in case where an insurance contract insurance-based investment product is concluded on behalf of a group of members and each individual member cannot take an

FCA 2023/XX individual decision to join. Such a policy shall also contain rules on how that assessment will be done in practice, including from whom information about knowledge and experience, financial situation and investment objectives shall be collected. (2) The policy established under (1) must also contain rules on how that assessment will be done in practice, including from whom information about knowledge and experience, financial situation and investment objectives will be collected. (3) The insurance intermediary or insurance undertaking shall A firm must record the policy established pursuant to the first paragraph under (1). [Note: article 13 of the IDD Regulation] … Switching: insurance-based investment products 9A.2.18 UK 9(7) When providing advice a personal recommendation in relation A R to an insurance-based investment product that involves switching between underlying investment assets, insurance intermediaries and insurance undertakings shall a firm must also collect the necessary information on the customer’s client’s existing underlying investment assets and the recommended new investment assets and shall must undertake an analysis of the expected costs and benefits of the switch, such that they are it is reasonably able to demonstrate that the benefits of switching are expected to be greater than the costs. [Note: article 9(7) of the IDD Regulation] … Unsuitability: insurance-based investment products 9A.2.20 UK 9(6) When providing advice a personal recommendation on an A R insurance-based investment product insurance-based investment product in accordance with [COBS 9A.2.1R and COBS 9A.2.16R], an insurance intermediary or insurance undertaking shall a firm must not make a recommendation where none of the products insurance-based investment products are suitable for the customer or potential customer client. [Note: article 9(6) of the IDD Regulation] … Automated or semi-automated systems: insurance-based investment products

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9A.2.24 UK 12 The insurance intermediary’s or insurance undertaking’s For G the avoidance of doubt a firm’s responsibility to perform the suitability assessment in accordance with [COBS 9A.2.1R and COBS 9A.2.16R] shall is not be reduced due to the fact that advice where a personal recommendation on insurance-based investment products insurance-based investment products is provided in whole or in part through an automated or semi￾automated system. [Note: article 12 of the IDD Regulation] 9A.3 Information to be provided to the client … Explaining the reasons for assessing suitability: insurance-based investment products 9A.3.1A UK 11 (1) Insurance intermediaries and insurance undertakings shall A R firm must not create any ambiguity or confusion about their its responsibilities in the process of assessing the suitability of insurance-based investment products insurance-based investment products in accordance with [COBS 9A.2.1R and COBS 9A.2.16R]. Insurance intermediaries and insurance undertakings shall inform customers, clearly and simply, that the reason for assessing suitability is to enable them to act in the customer’s best interest. (2) A firm must inform the client, clearly and simply, that the reason for assessing suitability is to enable it to act in the client’s best interest. [Note: article 11 of the IDD Regulation] … Providing a suitability report: insurance-based investment products 9A.3.3A UK 14(1) When providing advice a personal recommendation on the R (1) suitability of an insurance-based investment product insurance￾based investment product in accordance with [COBS 9A.2.1R and COBS 9A.2.16R], insurance intermediaries and insurance undertakings shall a firm must provide a statement to the customer client (suitability statement) that includes the following:
(a) an outline of the advice personal recommendation given; (b) information on how the recommendation provided is suitable for the customer client, in particular how it meets:

FCA 2023/XX
(i) the customer’s client’s investment objectives, including that person’s risk tolerance; (ii) the customer’s client’s financial situation, including that person’s ability to bear losses; (iii) the customer’s client’s knowledge and experience. 14(2) Insurance intermediaries and insurance undertakings shall A (2) firm must draw customers’ the client’s attention to, and shall must include in the suitability statement, information on whether the any recommended insurance-based investment products are insurance-based investment product is likely to require the customer client to seek a periodic review of their arrangements. 14(3) Where an insurance intermediary or insurance undertaking a (3) firm has informed the customer client that it will carry out a periodic assessment of suitability, the subsequent statements after the initial service is established may be limited to changes in the services or underlying investment assets, and/or the circumstances of the customer client without repeating all the details contained in the first statement. [Note: article 14(1) to (3) of the IDD Regulation] … Periodic assessments: insurance-based investment products 9A.3.10 UK 14(4) Insurance intermediaries and insurance undertakings A firm R (1) providing a periodic assessment of suitability shall must review, in accordance with the best interests of their its customers client, the suitability of the recommended insurance￾based investment products insurance-based investment products at least annually. The frequency of this assessment shall be increased depending on the characteristics of the customer, such as the risk tolerance, and the nature of the recommended insurance-based investment product. (2) The frequency of a periodic assessment must be increased depending on the characteristics of the client, such as the risk tolerance, and the nature of the recommended insurance-based investment product. [Note: article 14(4) of the IDD Regulation] 9A.4 Record keeping and retention periods for suitability records …

FCA 2023/XX
Retention of records: insurance-based investment products 9A.4.3 UK 19(1) Without prejudice to the application of Regulation (EU) R (1) 2016/679 of the European Parliament and of the Council the General data protection regulation, insurance intermediaries and insurance undertakings shall a firm must maintain records of the assessment of suitability in relation to insurance-based investment products or appropriateness undertaken in accordance with [COBS 9A.2.1R, and COBS 9A.2.16R, COBS 10A.2.1R and COBS 10A.2.2R]. The records shall include the information obtained from the customer and any documents agreed with the customer, including documents that set out the rights of the parties and the other terms on which the insurance intermediary or insurance undertaking will provide services to the customer. Such records shall be retained for at least the duration of the relationship between the insurance intermediary or insurance undertaking and the customer. (2) The records maintained under (1) must include the information obtained from the client and any documents agreed with the client, including documents that set out the rights of the parties and the other terms on which the firm will provide services to the client. (3) The records must be retained for at least the duration of the relationship between the firm and the client. [Note: article 19(1) of the IDD Regulation] Record-keeping obligations for the assessment of suitability: insurance-based investment products 9A.4.4 UK 19(2) In the case of an assessment of suitability undertaken in R accordance with [COBS 9A.2.1R and COBS 9A.2.16R] in relation to insurance-based investment products, the record shall further maintained under COBS 9A.4.3R must include the following:
(a) the result of the suitability assessment; (1) (b) the recommendation made to the customer client and the (2) statement provided in accordance with Article 14(1) of this Regulation COBS 9A.3.3AR; (c) any changes made by the insurance intermediary or (3) insurance undertaking firm with regard to the suitability assessment, in particular any change to the customer’s client’s risk tolerance;

FCA 2023/XX
(d) any changes to the underlying investment assets.
(4)
[Note: article 19(2) of the IDD Regulation] … 10A Appropriateness (for non-advised services) (MiFID and insurance-based investment products provisions) … Effect of provisions marked “UK” … 10A.1.4 R Provisions in this chapter marked “UK” and including a Note (‘Note:’) referring to the IDD Regulation apply as if they were rules to firms, to whom the IDD Regulation does not apply, when doing insurance distribution. [deleted] 10A.2 Assessing appropriateness: the obligations … Assessing a client’s knowledge and experience: insurance-based investment product 10A.2.3 UK 15 Without prejudice to the fact that, in accordance with [COBS A R 9A.2.3AR, COBS 9A.3.2R and COBS 9A.3.2AR] COBS 7.3.4R, any contract insurance-based investment product proposed shall must be consistent with the customer’s client’s demands and needs, insurance intermediaries or insurance undertakings shall a firm must determine whether the customer client has the necessary knowledge and experience in order to understand the risks involved in relation to the service or product insurance￾based investment product proposed or demanded when assessing whether an insurance service or product insurance-based investment product distributed in accordance with [COBS 10A.2.1R and COBS 10A.2.2R] is appropriate for the customer client. [Note: article 15 of the IDD Regulation] … Information regarding a client’s knowledge and experience: insurance-based investment products 10A.2.4 UK 17(1 For the purposes of [COBS 9A.2.1R, COBS 9A.2.16R, COBS A R ) (1) 10A.2.1R and COBS 10A.2.2R] in relation to insurance-based investment products, the necessary information to be obtained by

FCA 2023/XX insurance intermediaries and insurance undertakings a firm with regard to the customer’s or potential customer’s client’s knowledge and experience in the relevant investment field shall include, where relevant, the following, to the extent appropriate to the nature of the customer client, and the nature and type of product insurance-based investment product or service offered or demanded, including their complexity and the risks involved:
(a) the types of service, transaction, insurance-based investment product insurance-based investment product or financial instrument financial instrument with which the customer or potential customer client is familiar; (b) the nature, number, value and frequency of the customer’s or potential customer’s client’s transactions in insurance-based investment products insurance-based investment products or financial instruments financial instruments and the period over which they have been carried out; (c) the level of education, and profession or relevant former profession of the customer or potential customer client. 17(3 Where information required for the purposes of [COBS 9A.2.1R, ) (2) COBS 9A.2.16R, COBS 10A.2.1R and COBS 10A.2.2R] has already been obtained pursuant to for the purposes of [COBS 9A.2.3AR, COBS 9A.3.2R and COBS 9A.3.2AR] COBS 7.3.4R, insurance intermediaries and insurance undertakings shall a firm must not request it information it already has anew from the customer client. [Note: article 17(1) and (3) of the IDD Regulation] … Discouraging the provision of information: insurance-based investment products 10A.2.5 UK 17(2 The insurance intermediary or insurance undertaking shall In A R ) relation to an insurance-based investment product, a firm must not discourage a customer or potential customer client from providing information required for the purposes of [COBS 9A.2.1R, COBS 9A.2.16R, COBS 10A.2.1R and COBS 10A.2.2R]. [Note: article 17(2) of the IDD Regulation] … Reliance on information: insurance-based investment products

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10A.2.6 UK 17(4 The insurance intermediary or insurance undertaking shall be A R ) entitled to In relation to an insurance-based investment product, a firm may rely on the information provided by its customers or potential customers the client unless it is aware or ought to be aware that the information is manifestly out of date, inaccurate or incomplete. [Note: article 17(4) of the IDD Regulation] … 10A.4 Assessing appropriateness: when it need not be done due to type of investment … Other non-complex insurance-based investment products 10A.4.3 UK 16 An insurance-based investment product insurance-based R investment product shall may be considered as non-complex for the purposes of [COBS 10A.4.1R] where it satisfies all of the following criteria:
(a) it includes a contractually guaranteed minimum maturity (1) value which is at least the amount paid by the customer client after deduction of legitimate costs; (b) it does not incorporate a clause, condition or trigger that (2) allows the insurance undertaking to materially alter the nature, risk, or pay-out profile of the insurance-based investment product insurance-based investment product; (c) it provides options to surrender or otherwise realise the (3) insurance-based investment product insurance-based investment product at a value that is available to the customer client; (d) it does not include any explicit or implicit charges which (4) have the effect that, even though there are technically options to surrender or otherwise realise the insurance￾based investment product insurance-based investment product, doing so may cause unreasonable detriment to the customer client because the charges are disproportionate to the cost to the insurance undertaking; (e) it does not in any other way incorporate a structure which (5) makes it difficult for the customer client to understand the risks involved. [Note: article 16 of the IDD Regulation]

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…
10A.7 Record keeping and retention periods for appropriateness records … Record keeping: insurance-based investment products 10A.7.2 A UK R 19(1 ) (1) Without prejudice to the application of Regulation (EU) 2016/679 of the European Parliament and of the Council the General data protection regulation, insurance intermediaries and insurance undertakings shall a firm must maintain records of the assessment of suitability or appropriateness undertaken in accordance with [COBS 9A.2.1R, COBS 9A.2.16R, COBS 10A.2.1R and COBS 10A.2.2R] in relation to an insurance-based investment product. The records shall include the information obtained from the customer and any documents agreed with the customer, including documents that set out the rights of the parties and the other terms on which the insurance intermediary or insurance undertaking will provide services to the customer. Such records shall be retained for at least the duration of the relationship between the insurance intermediary or insurance undertaking and the customer. (2) The records maintained under (1) must include the information obtained from the client and any documents agreed with the client, including documents that set out the rights of the parties and the other terms on which the firm will provide services to the client. (3) The records in (1) must be retained for at least the duration of the relationship between the firm and the client. 19(3 ) (4) In the case of an assessment of appropriateness undertaken in accordance with [COBS 10A.2.1R and COBS 10A.2.2R], the The record in (1) shall further must also include the following:
(a) the result of the appropriateness assessment; (b) any warning given to the customer client where the insurance-based investment product insurance-based investment product was assessed as potentially inappropriate for the customer client, whether the customer client asked to proceed with concluding the contract policy despite the warning and, where applicable, whether the insurance intermediary or insurance undertaking firm accepted the customer’s client’s request to proceed with concluding the contract policy;

FCA 2023/XX
(c) any warning given to the customer client where the customer client did not provide sufficient information to enable the insurance intermediary or insurance undertaking firm to assess the appropriateness of the insurance-based investment product insurance-based investment product, whether the customer client asked to proceed with concluding the contract policy despite the warning and, where applicable, whether the insurance intermediary or insurance undertaking firm accepted the customer’s client’s request to proceed with concluding the contract policy. [Note: article 19(1) and (3) of the IDD Regulation] … 16A Reporting information to clients (MiFID and insurance-based investment products provisions) 16A.1 Application … Effect of provisions marked “UK” for firms distributing insurance-based investment products 16A.1.3 R Provisions in this chapter marked “UK” and including a Note (‘Note:’) referring to the IDD Regulation apply as if they were rules to firms to whom the IDD Regulation does not apply, when doing insurance distribution. [deleted] … 16A.4 Periodic reporting … Provision by a firm and contents: insurance-based investment products 16A.4.2 UK 18(1) Without prejudice to [COBS 13.1.2R, COBS 13.3.2R, COBS A (1) 14.2.11R, COBS 14.2.5R, COBS 14.2.7R, COBS 16.6.3R, COBS 16.6.3AR and COBS 20.4.7R, and COBS 13 Annexes 1 and 2], the insurance intermediary or insurance undertaking shall in relation to an insurance-based investment product, a firm must provide the customer client with a periodic report, on a durable medium durable medium, of the services provided to and transactions undertaken on behalf of the customer client. 18(2) The periodic report required under paragraph 1 shall (1) must (2) provide a fair and balanced review of the services provided to and transactions undertaken on behalf of that customer client

FCA 2023/XX during the reporting period and shall must include, where relevant, the total costs associated with these services and transactions, and the value of each underlying investment asset. 18(3) (3) The periodic report required under paragraph 1 shall (1) must be provided at least annually. [Note: article 18 of the IDD Regulation] … Sch 1 Record keeping requirements … Sch 1.3 G Handbook Subject of Contents of When Retention reference record period must be made … COBS Suitability Client From date For 9A.4.3UK (insurance- information for of whichever COBS based suitability suitability is the 9A.4.3R investment products) report - details in COBS 9A.4.3UK COBS 9A.4.3R and COBS 9A.4.4UK COBS 9A.4.4R report longer of 5 years or the duration of the relationship with the client … COBS Appropriate Records of Date of For 10A.7.2AUK ness appropriateness assessment whichever COBS (insurance- assessments is the 10A.7.2AR based investment including the results of such longer of 5 years or the products) assessments and duration of any warnings given to clients the relationship

• details in with the
  COBS client
  10A.7.2A
  COBS
  10A.7.2AR

FCA 2023/XX
…
COBS
16A.4.2UK
COBS
16A.4.2R
Periodic statements
(insurance￾based investment products) A copy of a periodic statement sent to a client From date of despatch to client At least 5 years …

FCA 2023/XX
Annex D
Amendments to the Insurance: Conduct of Business sourcebook (ICOBS) In this Annex, underlining indicates new text and striking through indicates deleted text. [Editor’s note: Where UK legislation paragraph numbers are struck through in this annex, and where these are not replaced by a rule or guidance number, the text is moved one column to the left as relevant. These column changes are not shown.] 6 Product information … 6 Annex 3R Providing product information by way of a standardised insurance information document:
[Note: the IDD IPID Regulation is applicable to IDD insurance intermediaries, IDD insurance undertakings and IDD ancillary insurance intermediaries.] This annex belongs to ICOBS 6.1.10AR. 1 Effect of provisions marked ‘UK’ [deleted]
1.1 R (1) Provisions in this section marked “UK” apply in relation to a
firm to which the IDD IPID Regulation is not directly applicable, as if they were rules. (2) In this annex, a word or phrase found in a provision marked “UK” and referred to in column (1) of the table below has the meaning indicated in the corresponding row of column (2) of the table. (1) (2) “Directive (EU) 2016/97” IDD “durable medium” durable medium “insurance product” a policy (other than a pure protection contract) “manufacturer” manufacturer “non-life insurance product” a policy (other than a pure protection contract) “shall” must

FCA 2023/XX
2 What information needs to be contained in the IPID?
…
2.3A G Firms are reminded that the IPID must be provided for each individual policy (see ICOBS 6.1.10AR). This is regardless of whether that policy is sold on its own, in connection with another policy or in connection with other goods and services. … [Editor’s note: The shading shown in the ‘Insurance Distribution Directive Instrument 2018’ (FCA 2018/25) and reflected as relevant in the ‘Exiting the European Union: Business Standards (Amendments) Instrument’ (FCA 2019/23), at ICOBS 6 Annex 3R 2.4R to 2.6R below is removed. This change is not shown.] Name and company logo of the manufacturer
2.4 UK
R
1(1) The name of the manufacturer manufacturer of the non-life insurance product non-investment insurance product, its regulatory status, and, where relevant, its authorisation number firm’s reference number (FRN) shall must immediately follow the title ‘insurance product information document’ at the top of the first page.
2.5 UK
G
1(2) The manufacturer manufacturer may insert its company logo to the right of the title referred to in ICOBS 6 Annex 3R paragraph 2.4R. [Note: article 1 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document] Reference to complete pre-contractual and contractual information
2.6 UK
R
2 The insurance product information document IPID shall must state prominently that complete pre-contractual and contractual information about the non-life insurance product policy is provided to the customer consumer in other documents. That statement shall must be placed immediately below the name of the manufacturer manufacturer of the non-life insurance product insurance product. [Note: article 2 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document]

FCA 2023/XX
3 How must the IPID be presented and formatted?
…
[Editor’s note: The shading shown in the ‘Insurance Distribution Directive Instrument 2018’ (FCA 2018/25) and reflected as relevant in the ‘Exiting the European Union: Business Standards (amendments) instrument’ (FCA 2019/23) at ICOBS 6 Annex 3R paragraphs 3.2R to 3.12G is removed. This change is not shown.] Length
3.2 UK
R
3 The insurance product information document IPID shall must be set out on two sides of A4-sized paper when printed. Exceptionally, if more space is needed, the insurance product information document IPID may be set out on a maximum of three sides of A4-sized paper when printed. Where a manufacturer manufacturer uses three sides of A4-sized paper, it shall must, upon request by the Financial Conduct Authority FCA, be able to demonstrate that more space was needed. [Note: article 3 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document] Presentation and order of content
3.3 UK
R
4(1) The information of the insurance product information document listed in Article 20(8) of Directive (EU) 2016/97 IPID information shall must be presented in different sections and in accordance with the structure, lay-out, headings and sequence as set out in the standardised presentation format in the Annex to this Regulation ICOBS 6 Annex 3R paragraph 3.13R below, using a font size with an x-height of at least 1,2 1.2 mm.
3.4 UK
G
4(2) The length of the sections referred to in ICOBS 6 Annex 3R paragraph 3.3R may vary, depending on the amount of information that is to be included in each section. Information about add-ons and optional covers shall not be preceded by ticks, crosses or exclamation marks. 3.4A R Any information about optional covers must not be preceded by ticks, crosses or exclamation marks.
3.5 UK
G
4(3) Where the insurance product information document IPID is presented using a durable medium durable medium other than paper, the size of the components in the layout may be

FCA 2023/XX changed, provided that the layout, headings and sequence of the standardised presentation format, as well as the relative prominence and size of the different elements, are retained.
3.6 UK
R
4(4) Where the dimensions of the durable medium durable medium other than paper are such that a layout using two columns is not feasible, a presentation using a single column may be used, provided that the sequence of the sections is as follows:
(a)
(1)
‘What is this type of insurance?’
(b)
(2)
‘What is insured?’
(c)
(3)
‘What is not insured?’
(d)
(4)
‘Are there any restrictions on cover?’
(e)
(5)
‘Where am I covered?’
(f)
(6)
‘What are my obligations?’
(g)
(7)
‘When I how do I pay?’
(h)
(8)
‘When does the cover start and end?’
(i)
(9)
‘How do I cancel the contract?’
3.7 UK
R
4(5) The use of digital tools, including layering and pop-ups shall be is permitted, provided that all the information referred to in Article 20(8) of Directive (EU) 2016/97 IPID information is provided in the main body of the insurance product information document IPID and that the use of such tools does not distract the customer’s consumer’s attention from the content of the main document. Information provided through layering and pop-ups shall must not include marketing or advertising material. [Note: article 4 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017

FCA 2023/XX laying down a standardised presentation format for the insurance product information document] Plain language
3.8 UK
R
5 The insurance product information document IPID shall must be drafted in plain language, avoiding jargon and facilitating the customer’s consumer’s understanding of the content of that document, and shall focus on key information which the customer needs to make an informed decision. Jargon shall be avoided. [Note: article 5 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document] 3.8A G Firms are reminded that the IPID forms a part of the appropriate information about a policy a firm must give a consumer so that the consumer can make an informed decision about the arrangements proposed (see ICOBS 6.1.5R). The IPID only focuses on the key information that the consumer will always need to make an informed decision. [Note: article 5 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document] Headings and information thereunder
3.9 UK
R
6(1) The sections of the insurance product information document IPID shall have the following must set out the IPID information (see ICOBS 6 Annex 3R paragraph 2.1R) under the specified headings and the following information thereunder as follows:
(a)
(1) the information on the type of insurance referred to in Article 20(8)(a) of Directive (EU) 2016/97 shall must be included under the heading ‘What is this type of insurance?’, at the top of the document; (b) (2) the information on the main risks insured referred to in Article 20(8)(b) of Directive (EU) 2016/97 shall must be included under the heading ‘What is insured?’. Each piece of information listed in this
section shall must be preceded by a green ‘tick’
symbol;
(c)
(3) the information on the insured sum referred to in
Article 20(8)(b) of Directive (EU) 2016/97 shall

FCA 2023/XX must be included under the heading ‘What is insured?’; (d) (4) the information on geographical scope, where applicable, referred to in Article 20(8)(b) of Directive (EU) 2016/97 shall must be included under the heading ‘Where am I covered?’. Each piece of information listed in this section shall must be preceded by a blue ‘tick’ symbol; (e) (5) the information on a summary of the excluded risks referred to in Article 20(8)(b) of Directive (EU) 2016/97 shall must be included under the heading ‘What is not insured?’. Each piece of information in this section shall must be preceded by a red ‘X’ symbol; (f) (6) the information on the main exclusions referred to in Article 20(8)(d) of Directive (EU) 2016/97 shall must be included under the heading ‘Are there any restrictions on cover?’. Each piece of information listed in this section shall must be preceded by an orange exclamation mark symbol; (g) (7) the information on the relevant obligations referred to in points (e), (f) and (g) of Article 20(8) of Directive (EU) 2016/97 shall must be included under the heading ‘What are my obligations?’; (h) (8) the information on the means and duration of payment of premiums referred to in Article 20(8)(c) of Directive (EU) 2016/97 shall must be included under the heading ‘When and how do I pay?’; (i) (9) the information on the term of the contract referred to in Article 20(8)(h) of Directive (EU) 2016/97 shall must be included under the heading ‘When does the cover start and end?’; (j) (10) the information on the means of terminating the contract referred to in Article 20(8)(i) of Directive (EU) 2016/97 shall must be included under the heading ‘How do I cancel the contract?’. 3.9A R 6(2) The use of sub-headings is permitted, where necessary. [Note: article 6 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document]

FCA 2023/XX
Use of icons
3.10 UK
R
7(1) Each section of the IPID, referred to in ICOBS 6 Annex 3R paragraph 3.9R, shall further must also be headed by icons that visually represent the content of the respective section heading headings, as follows:
(a) the information on the main risks insured referred to (1) in Article 20(8)(b) of Directive (EU) 2016/97 shall must be headed by an icon of an umbrella, which shall must be white on a green background or green on a white background; (b) the information on the geographical scope of the (2) insurance cover referred to in Article 20(8)(b) of Directive (EU) 2016/97 shall must be headed by an icon of a globe, which shall must be white on a blue background or blue on a white background; (c) the information on excluded risks referred to in (3) Article 20(8)(b) of Directive (EU) 2016/97 shall must be headed by an icon of an X symbol within a triangle, which shall must be white on a red background or red on a white background; (d) the information on the main exclusions referred to (4) in Article 20(8)(d) of Directive (EU) 2016/97 shall must be headed by an exclamation mark (‘!’) within a triangle, which shall must be white on an orange background or orange on a white background; (e) the information on the obligations at the start of the (5) contract, during the term of the contract and in the event that a claim is made, referred to in points (e), (f) and (g) of 20(8) of Directive (EU) 2016/97, respectively, shall must be headed by an icon of a handshake, which shall must be white on a green background or green on a white background; (f) the information on the means and duration of (6) payments referred to in Article 20(8)(c) of Directive (EU) 2016/97 shall must be headed by an icon of coins, which shall must be white on a yellow background or yellow on a white background; (g) the information on the term of the contract referred (7) to in Article 20(8)(h) of Directive (EU) 2016/97 shall must be headed by an icon of an hourglass, which shall must be white on a blue background or blue on a white background;

FCA 2023/XX
(h)
(8) the information on the means of terminating the contract referred to in Article 20(8)(i) of Directive (EU) 2016/97 shall must be headed by an icon of a hand with an open palm on a shield, which shall must be white on a black background, or black on a white background.
3.11 UK
R
7(2) All icons shall must be displayed in a manner consistent with the standardised presentation format in the Annex ICOBS 6 Annex 3R paragraph 3.13R.
3.12 UK
G
7(3) The icons referred to in paragraphs 1 and 2 ICOBS 6
Annex 3R paragraphs 3.10R and 3.11R may be presented
in black and white where the insurance product information document is printed or photocopied in black and white. [Note: article 7 of the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document] Template for the standardised presentation format [Editor’s note: The shading, shown in the ‘Insurance Distribution Directive Instrument 2018’ (FCA 2018/25) at ICOBS 6 Annex 3R paragraph 3.13R below is removed. This change is not shown.]
3.13 EU
R
ANNEX

FCA 2023/XX
[Note: Annex to the IDD IPID Regulation Commission Implementing Regulation (EU) 2017/1469 of 11 August 2017 laying down a standardised presentation format for the insurance product information document]

FCA 2023/XX
Annex E
Amendments to the Product Intervention and Product Governance sourcebook (PROD) In this Annex, underlining indicates new text and striking through indicates deleted text, unless otherwise stated. [Editor’s note: Where UK legislation paragraph numbers are struck through in this annex, and where these are not replaced by a rule or guidance number, the text is moved one column to the left as relevant. These column changes are not shown.] [Editor’s note: The shading shown in the ‘Insurance Distribution Directive Instrument 2018’ (FCA 2018/25) and reflected as relevant in the ‘Exiting the European Union: Business Standards (Amendments) Instrument’ (FCA 2019/23), for certain provisions in PROD 1.4, PROD 4,2 and PROD 4.3 is removed. This change is not shown.] 1 Product Intervention and Product Governance Sourcebook (PROD) …
1.4 Application of PROD 4
…
1.4.3B R Where a firm:
…
(2) is not otherwise within the scope of the rules or onshored regulations in PROD in relation to that manufacturing or distribution activity, then PROD 4, PROD 1.4.4UK PROD 1.4.4R and PROD 1.4.10G, apply with respect to that manufacturing or distribution activity. … When an intermediary may be considered to be manufacturing
1.4.4 UK 3(1) For the purposes of [PROD 4.2.1R, PROD 4.2.2R, PROD 4.2.29R,
R (1) PROD 4.2.34R, PROD 4.3.1R and PROD 4.3.2R] PROD 4, insurance intermediaries an insurance intermediary shall will be considered manufacturers a manufacturer where an overall analysis of their activity shows that they have it has a decision￾making role in designing and developing an insurance product for the market. 3(2) A For the purposes of (1), a decision-making role shall must be (2) assumed, in particular, where insurance intermediaries an insurance intermediary autonomously determine determines the essential features and main elements of an insurance product,

FCA 2023/XX including its coverage, price, costs, risk, target market and compensation and guarantee rights, which are not substantially modified by the insurance undertaking insurance undertaking providing coverage for the insurance product. 3(3) Personalisation of and adaptation of an existing insurance products (3) product in the context of insurance distribution activities insurance distribution activities for an individual customers customer, as well as the design of tailor-made contracts at the request of a single customer customer, shall will not be considered manufacturing manufacturing. [Note: article 3 of the IDD POG Regulation]
1.4.5 G The effect of PROD 1.4.4UK PROD 1.4.4R and PROD 1.4.6R is that an
insurance intermediary needs to consider if it is manufacturing an insurance product or if it would be a manufacturer for a legacy non-investment insurance product for PROD 4.6, and, if so, should comply with PROD 4.2 (Manufacture of insurance products). … Effect of provisions marked “UK” for certain manufacturers and distributors of insurance products
1.4.6 R (1) Subject to (2) and PROD 1.4.3R, provisions in this section and in
PROD 4 marked “UK” apply to firms:
(a) manufacturing or distributing insurance products, but to whom the IDD POG Regulation does not apply; (b) in relation to product governance and distribution arrangements for legacy non-investment insurance products, as if they were rules. (2) For the purposes of (1), a word or phrase used in the IDD POG Regulation and referred to in column (A) has the meaning indicated in Column (B) of the table below:
(a) (b)
“Article 8(2)” PROD 4.2.30UK
“customer” and “potential customer” customer “insurance-based investment products” insurance-based investment products

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“insurance distribution activities” and “distribution activities” insurance distribution activities “insurance distributor” distributor “insurance intermediary” insurance intermediary “insurance undertaking” insurer “manufacturer” and “manufacturers within the meaning of Article 2 of this Delegated Regulation” manufacturer “manufacturing” manufacturing “shall” must (3) In this sourcebook, where a reproduced provision of an article of the IDD POG Regulation refers to another part of the IDD POG Regulation, that other provision must also be read with reference to the table in (2). (4) In relation to a legacy non-investment insurance product, the reproduced provisions of an article of the IDD POG Regulation must be read to be consistent with the application of product governance and distribution requirements in PROD 4.2 and PROD
4.3 to a legacy non-investment insurance product. [deleted]
Effect and interpretation of PROD 1.4 and PROD 4 for certain manufacturers and distributors of pathway investments 1.4.6A R A firm to which PROD 1.4.3BR applies must:
(1) comply with provisions marked “UK” in PROD 1.4 and PROD 4 as if they were rules; and [deleted] (2) … This table belongs to PROD 1.4.6AR(2)(a). (1) (2) “ICOBS 2.5.-1R and COBS 2.1.1R” COBS 2.1.1R “ICOBS” relevant conduct of business obligations

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“PROD 4.2 requirements of the
IDD POG Regulation)”
PROD 4.2
… …
“insurance distributor” distributor
“insurance distribution activities” distribution activities “insurance intermediary and an insurance undertaking” firms … … “‘manufacturer’ and ‘manufacturers’ within the meaning of Article 2 of this Delegated Regulation” manufacturer “manufacturing” manufacturing … … “shall” must … 4 Product governance: IDD and pathway investments
4.1 General
Other requirements under the IDD for insurance distribution activities …
4.2 Manufacture of insurance products
…
Product approval process
4.2.5 UK 4(1) Manufacturers shall A manufacturer must maintain, operate and
R (1) review a product approval process for newly developed insurance products and for significant adaptations of existing insurance products. That process shall contain measures and procedures for designing, monitoring, reviewing and distributing insurance products, as well as for corrective action for insurance products that are detrimental to customers. The measures and procedures shall be proportionate to the level of complexity and the risks

FCA 2023/XX related to the products as well as the nature, scale and complexity of the relevant business of the manufacturer. (2) The process in (1) must contain measures and procedures for designing, monitoring, reviewing and distributing insurance products, as well as for corrective action for insurance products that are detrimental to customers. (3) The measures and procedures must be proportionate to the level of complexity and the risks related to the products as well as the nature, scale and complexity of the relevant business of the manufacturer. [Note: article 4(1) of the IDD POG Regulation] …
4.2.6 UK
R
4(2) The product approval process shall required under PROD 4.2.1R must be set out in a written document (“product oversight and governance policy”), which shall must be made available to the relevant staff. [Note: article 4 (2) of the IDD POG Regulation]
4.2.7 UK
R
9 Relevant actions taken by manufacturers a manufacturer in relation to their its product approval process shall must be duly documented, kept for audit purposes and made available to the Financial Conduct Authority FCA upon request. [Note: article 9 of the IDD POG Regulation]
4.2.8 UK
R
4(3) The product approval process shall must:
(a) ensure that the design of insurance products:
(1)
(i) takes into account the objectives, interests and (a) characteristics of customers customers; (ii) does not adversely affect customers customers; (b) (iii) prevents or mitigates customer customer detriment; (c) (b) support a proper management of conflicts of interest. (2) [Note: article 4(3) of the IDD POG Regulation]

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4.2.9 UK 4(4) The manufacturers’ A manufacturer’s body or structure governing
R body responsible for the manufacturing manufacturing of insurance products shall must:
(a) endorse and be ultimately responsible for establishing, (1) implementing and reviewing the product approval process; (b) continuously verify internal compliance with that process. (2) [Note: article 4(4) of the IDD POG Regulation]
4.2.10 UK 5(4) Manufacturers shall A manufacturer must ensure that staff
R involved in designing and manufacturing insurance products has have the necessary skills, knowledge and expertise to properly understand the insurance products sold and the interests, objectives and characteristics of the customers customers belonging to the target market. [Note: article 5(4) of the IDD POG Regulation]
4.2.11 UK 4(5) Manufacturers A manufacturer designating a third party to design
R products on their its behalf shall remain remains fully responsible for compliance with the product approval process. [Note: article 4(5) of the IDD POG Regulation]
4.2.12 UK 4(6) Manufacturers shall A manufacturer must regularly review their its
R product approval process to ensure that that process it is still valid and up to date. They shall A manufacturer must amend the product approval process where necessary. [Note: article 4(6) of the IDD POG Regulation] Manufacture by more than one firm
4.2.13 UK 3(4) An insurance intermediary and an insurance undertaking that are
R both manufacturers within the meaning of Article 2 of this Delegated Regulation, shall sign a written agreement which specifies their collaboration to comply with the requirements for manufacturers referred to in [PROD 4.2.1R, PROD 4.2.2R, PROD 4.2.29R, PROD 4.2.33R and PROD 4.2.34R] the procedures through which they shall agree on the identification of the target market and their respective roles in the product approval process. Where there is more than one firm involved in the manufacture of an insurance product, the firms must have a written agreement which specifies:
(1) their collaboration to comply with the requirements for manufacturers referred to in PROD 4.2, including in

FCA 2023/XX particular PROD 4.2.1R, PROD 4.2.2R, PROD 4.2.29R, PROD 4.2.33R and PROD 4.2.34R; (2) the procedures through which they will agree on the identification of the target market; and (3) their respective roles in the product approval process. [Note: article 3(4) of the IDD POG Regulation]
4.2.14 R In circumstances other than PROD 4.2.13UK PROD 4.2.13R, when firms
collaborate to manufacture an insurance product, they must outline their mutual responsibilities in a written agreement. … Fair value for non-investment insurance products: relevance through the product approval process 4.2.14D R A firm must consider the value considerations in PROD 4.2.14AR and, where relevant, PROD 4.2.14BR throughout every stage of the product approval process in PROD 4 including, in particular, when:
(1) identifying the target market and the interests, needs, objectives and characteristics of such customers (PROD 4.2.15R to PROD 4.2.21AG); (2) undertaking product testing (PROD 4.2.22UK PROD 4.2.22R to PROD 4.2.26G); and (3) selecting any distribution channel (PROD 4.2.27UK PROD 4.2.27R to PROD 4.2.32DR). … Target market …
4.2.16 UK 5(1) The A firm’s product approval process shall must, for each
R (1) insurance product, identify the target market and the group of compatible customers customers. The target market shall be identified at a sufficiently granular level, taking into account the characteristics, risk profile, complexity and nature of the insurance product. (2) The target market in (1) must be identified at a sufficiently granular level, taking into account the characteristics, risk profile, complexity and nature of the insurance product. [Note: article 5(1) of the IDD POG Regulation]

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4.2.17 UK 5(2) Manufacturers A manufacturer may, in particular with regard to
R insurance-based investment products insurance-based investment products, identify groups of customers customers for whose needs, characteristics and objectives the insurance product is generally not compatible. [Note: article 5(2) of the IDD POG Regulation] …
4.2.18 UK 5(3) Manufacturers shall A manufacturer must only design and market
R (1) insurance products that are compatible with the needs, characteristics and objectives of the customers customers belonging to the target market. When assessing whether an insurance product is compatible with a target market, manufacturers shall take into account the level of information available to the customers belonging to that target market and their financial literacy. (2) When assessing whether an insurance product is compatible with a target market, a manufacturer must take into account the level of information available to the customers belonging to that target market and their financial literacy. [Note: article 5(3) of the IDD POG Regulation] … Product testing
4.2.22 UK 6(1) Manufacturers shall A manufacturer must test their its insurance
R (1) products appropriately, including scenario analyses where relevant, before bringing that product to the market or significantly adapting it, or in case the target market has significantly changed. That product testing shall assess whether the insurance product over its lifetime meets the identified needs, objectives and characteristics of the target market. Manufacturers shall test their insurance products in a qualitative manner and, depending on the type and nature of the insurance product and the related risk of detriment to customers, quantitative manner. (2) The product testing in (1) must assess whether the insurance product over its lifetime meets the identified needs, objectives and characteristics of the target market. (3) A manufacturer must test its insurance products in a qualitative manner and, depending on the type and nature of the insurance product and the related risk of detriment to customers, quantitative manner. [Note: article 6(1) of the IDD POG Regulation]

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4.2.23 G For the purposes of PROD 4.2.22UK PROD 4.2.22R, manufacturers should
include assessments of the performance and risk/reward profile of their insurance product where appropriate. [Note: recital 8 to the IDD POG Regulation]
4.2.24 UK 6(2) Manufacturers shall A manufacturer must not bring insurance
R products to the market if the results of the product testing show that the products do not meet the identified needs, objectives and characteristics of the target market. [Note: article 6(2) of the IDD POG Regulation] … Distribution channels and information disclosure to distributors
4.2.27 UK 8(1) Manufacturers shall A manufacturer must carefully select
R distribution channels that are appropriate for the target market, thereby taking into account the particular characteristics of the relevant insurance products. [Note: article 8(1) of the IDD POG Regulation] …
4.2.30 UK 8(2) Manufacturers shall A manufacturer must provide insurance
R (1) distributors a distributor with all appropriate information on the insurance products, the identified target market and the suggested distribution strategy, including information on the main features and characteristics of the insurance products, their risks and costs, including implicit costs, and any circumstances which might cause a conflict of interest to the detriment of the customer customer. That information shall be clear, complete and up to date. (2) The information in (1) must be clear, complete and up to date. [Note: article 8(2) of the IDD POG Regulation]
4.2.31 UK 8(3) The information referred to in paragraph 2 shall required under
R PROD 4.2.30R must enable the insurance distributors distributor to:
(a) understand the insurance products; (1) (b) comprehend the identified target market for the insurance (2) products;

FCA 2023/XX
(c) identify any customers customers for whom the insurance (3) product is not compatible with their needs, characteristics and objectives; (d) carry out distribution activities insurance distribution (4) activities for the relevant insurance products in accordance with the best interests of their customers customers as prescribed in [ICOBS 2.5-1R and or COBS 2.1.1R] (as relevant). [Note: article 8(3) of the IDD POG Regulation] … Monitoring and review of insurance products …
4.2.35 UK 7(1) Manufacturers shall A manufacturer must continuously monitor
R (1) and regularly review insurance products they have it has brought to the market, to identify events that could materially affect the main features, the risk coverage or the guarantees of those products. They shall assess whether the insurance products remain consistent with the needs, characteristics and objectives of the identified target market and whether those products are distributed to the target market or is reaching customers outside the target market. (2) A manufacturer must assess whether the insurance products remain consistent with the needs, characteristics and objectives of the identified target market and whether those products are distributed to the target market or are reaching customers outside the target market. [Note: article 7(1) of the IDD POG Regulation] …
4.2.36 UK 7(2) Manufacturers shall A manufacturer must determine the
R appropriate intervals for the regular review of their insurance products, thereby taking into account the size, scale, contractual duration and complexity of those insurance products, their its respective distribution channels, and any relevant external factors such as changes to the applicable legal rules, technological developments, or changes to the market situation. [Note: article 7(2) of the IDD POG Regulation] …

FCA 2023/XX
4.2.36B R For the purposes of showing the requirements in PROD 4.2.1R and PROD 4.2.5UK PROD 4.2.5R are met, where a firm makes a change to a non￾investment insurance product it must make and retain a record of:
(1) the assessment of whether that change would amount to a significant adaptation of the insurance product; and (2) where the assessment in (1) is that the change would not be a significant adaptation, the reasons for that decision.
4.2.37 UK
R
7(3) Manufacturers that identify Where a manufacturer identifies during the lifetime of an insurance product any circumstances related to the insurance product that may adversely affect the customer customer of that product shall, the manufacturer must take appropriate action to mitigate the situation and prevent further occurrences of the detrimental event. Manufacturers shall A manufacturer must promptly inform concerned insurance distributors distributors and customers customers about the remedial action taken. [Note: article 7(3) of the IDD POG Regulation] …
4.2.38 UK
R
8(4)
(1)
Manufacturers shall A manufacturer must take appropriate steps to monitor that insurance distributors distributors act in accordance with the objectives of the manufacturers’ manufacturer’s product approval process. They shall in particular verify on a regular basis whether the insurance products are distributed on the identified target market. That monitoring obligation shall not extend to the general regulatory requirements with which insurance distributors have to comply when carrying out insurance distribution activities for individual customers. The monitoring activities shall be reasonable, taking into consideration the characteristics and the legal framework of the respective distribution channels. (2) A manufacturer must in particular verify on a regular basis whether the insurance products are distributed on the identified target market. However, this monitoring obligation does not extend to the general regulatory requirements with which distributors have to comply when carrying out insurance distribution activities for individual customers. (3) The monitoring activities in (1) must be reasonable, taking into consideration the characteristics and the legal framework of the respective distribution channels. [Note: article 8(4) of the IDD POG Regulation]
4.2.39 UK
R
8(5) Manufacturers considering Where a manufacturer considers that the distribution of their its insurance products is not in accordance

FCA 2023/XX with the objectives of their its product approval process shall it must take appropriate remedial action. [Note: article 8(5) of the IDD POG Regulation] …
4.3 Distribution of insurance products
…
4.3.3 R A distributor must take all reasonable steps to obtain the information in
PROD 4.2.29R when distributing insurance products manufactured by any person to which product governance requirements in PROD 4.2 or requirements of the IDD POG Regulation do not apply. …
4.3.5 UK 10(1) Insurance distributors shall A firm must have in place product
R distribution arrangements containing appropriate measures and procedures to obtain from the manufacturer manufacturer all appropriate information on the insurance products they intend it intends to offer to their customers its customers and to fully comprehend those insurance products, taking into account the level of complexity and the risks related to the products as well as the nature, scale and complexity of the relevant business of the distributor firm. [Note: first sub-paragraph of article 10(1) of the IDD POG Regulation]
4.3.6 UK 10(2) The product distribution arrangements required under PROD
R 4.3.5R shall must:
(a) aim to prevent and mitigate customer customer detriment; (1) (b) support a proper management of conflicts of interest; (2) (c) ensure that the objectives, interests and characteristics of (3) customers customers are duly taken into account. [Note: article 10(2) of the IDD POG Regulation] …
4.3.7 UK 10(3) The A firm must ensure that its product distribution arrangements
R shall ensure that the insurance distributors contain the necessary measures to obtain from the manufacturer manufacturer the information to be communicated under Article 8(2) PROD 4.2.30R.

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[Note: article 10(3) of the IDD POG Regulation]
4.3.8 UK
R
10(4) Any specific distribution strategy set up or applied by insurance distributors shall a firm must be in accordance with the distribution strategy set up and the target market identified by the manufacturer manufacturer. [Note: article 10(4) of the IDD POG Regulation]
4.3.9 UK
R
10(5) The insurance distributors’ body or structure firm’s governing body responsible for insurance distribution insurance distribution activities shall must endorse and be ultimately responsible for establishing, implementing and reviewing the product distribution arrangements and continuously verify internal compliance with those arrangements. [Note: article 10(5) of the IDD POG Regulation]
4.3.10 UK
R
10(6)
(1)
Insurance distributors shall A firm must regularly review their its product distribution arrangements to ensure that those arrangements are still valid and up to date. They shall The firm must amend product distribution arrangements where appropriate. Insurance distributors that have set up or apply a specific distribution strategy shall, where appropriate, amend that strategy in view of the outcome of the review of the product distribution arrangements. When reviewing their product distribution arrangements, insurance distributors shall verify that the insurance products are distributed to the identified target market. (2) A firm that has set up or applies a specific distribution strategy must, where appropriate, amend that strategy in view of the outcome of the review of the product distribution arrangements. When reviewing its product distribution arrangements, a firm must verify that the insurance products are distributed to the identified target market. (3) Insurance distributors shall A firm must determine the appropriate intervals for the regular review of their its product distribution arrangements, thereby taking into account the size, scale and complexity of the different insurance products involved. To support product reviews carried out by manufacturers, insurance distributors shall upon request provide manufacturers with relevant sales information, including, where appropriate, information on the regular reviews of the product distribution arrangements. (4) To support product reviews carried out by manufacturers, a firm must, upon request, provide manufacturers with relevant sales information, including, where appropriate, information on the regular reviews of the product distribution arrangements.

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[Note: article 10(6) of the IDD POG Regulation] … 4.3.10B R For the purposes of PROD 4.3.10UK PROD 4.3.10R, a distributor must provide on request to a manufacturer of a non-investment insurance product:
(1) information on the distributor’s remuneration in connection with the distribution of the insurance product; (2) information on any ancillary product or service that the distributor provides to the customer (including insurance add-ons, non￾insurance additional products and retail premium finance), which may affect the manufacturer’s intended value of the insurance product; and (3) confirmation that the distribution arrangements are consistent with the obligations of the firm under the FCA Handbook including in particular in SYSC 10 (Conflicts of interest) and SYSC 19F.2 (IDD remuneration incentives).
4.3.11 UK 11 Insurance distributors A firm becoming aware that an insurance
R product is not in line with the interests, objectives and characteristics of its identified target market or becoming aware of other product-related circumstances that may adversely affect the customer shall customer must promptly inform the manufacturer manufacturer and, where appropriate, amend their distribution strategy for that insurance product. [Note: article 11 of the IDD POG Regulation] …
4.3.13 UK 12 Relevant actions taken by insurance distributors a firm in relation
R to their its product distribution arrangements shall must be duly documented, kept for audit purposes and made available to the Financial Conduct Authority FCA upon request. [Note: article 12 of the IDD POG Regulation]
4.3.14 UK 10(1) Insurance distributors shall A firm must set out the product
R distribution arrangements in a written document and make it available to their its relevant staff. [Note: second sub-paragraph of article 10(1) of the IDD POG Regulation] Additional expectations for manufacturers and distributors of insurance products … 4.4

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4.4.2 G PROD 1.4.10G provides that, where PROD 4 applies, a firm need not apply
the guidance in RPPD for matters covered by PROD, if that firm has complied with PROD 4. However, PROD 4 and the IDD POG Regulation does not cover all parts of the RPPD or wider obligations in the FCA Handbook and the following guidance, some of which is reproduced from the RPPD, remains relevant. …
4.5 Additional expectations for manufacturers and distributors in relation to
value measures data
…
Manufacturers of value measures products …
4.5.4 R The requirements on manufacturers referred to in PROD 4.5.3R are:
…
(2) that in relation to new products and significant adaptations to existing products, the firm’s product approval process in PROD 4.2.1R, product testing in PROD 4.2.22UK PROD 4.2.22R including considerations in PROD 4.2.25R and the review of products in PROD 4.2.34R also incorporate the procedures and considerations in (1) above. … …
4.6 Application of PROD 4.2 and 4.3 for legacy non-investment insurance
products
…
Manufacturers of legacy non-investment insurance products …
4.6.5 G For the purposes of PROD 4.6.4R a manufacturer will need to demonstrate
it has arrangements to meet the following:
(1) general product approval process requirements (PROD 4.2.5UK PROD 4.2.5R to PROD 4.2.14R); (2) fair value assessment (PROD 4.2.14AR to PROD 4.2.14SR); (3) target market requirements (PROD 4.2.15R to PROD 4.2.21AG);

FCA 2023/XX
(4) product testing (PROD 4.2.22UK PROD 4.2.22R to PROD 4.2.26G); (5) distribution channels and information disclosure to distributors requirements (PROD 4.2.27UK PROD 4.2.27R to PROD 4.2.32DG); and (6) monitoring and review of insurance products (PROD 4.2.33R to PROD 4.2.39AR). …

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Pub ref: 1-008096