Private Law Theory

ABSTRACT
This Chapter analyses the phenomenon of the personalised pricing of insurance products under the European Union regulatory framework on consumer and data protection law. Specifically, focusing on the personalised pricing of insurance products, the Chapter explores the complex relationship between the provisions of General Data Protection Regulation (GDPR) and those of the Unfair Commercial Practices Directive (UCPD) concerning business conduct involving breaches of data protection law. To begin, the Chapter illustrates the extent to which the personalisation of insurance pricing may be subject to assessment under GDPR. Subsequently, the analysis turns to the question of whether the personalisation of insurance pricing, carried out in violation of GDPR, may constitute an unfair commercial practice under UCPD. Finally, the Chapter considers whether any infringement of GDPR occurring within a digital commercial practice may by itself justify the recognition of this commercial practice as being unfair.

Tereszkiewicz, Piotr and Południak-Gierz, Katarzyna and Walczak, Patryk, The Digital Vulnerability of Insurance Consumers and Personalised Pricing of Insurance Products (January 31, 2024). Forthcoming in Camilla Crea and Alberto De Franceschi (eds), The New Shapes of Digital Vulnerability in European Private Law, Nomos 2024, pp 377-406.