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Insurance

Insurers and/or reinsurers, as well as brokers and insurance sector professionals in general, require specific legal advice from those who are well-versed in the industry and its requirements. From day-to-day operations to strategic planning, liability, dispute resolution and market regulation, the insurance sector demands highly-specialised legal advice.


For over 15 years, our Insurance, Reinsurance and Innovation department has advised local and international insurance companies operating in Spain on the organisation and supervision of their activity, the launch and distribution of insurance-based products in the Spanish market and regulatory issues, as well as on insurance agreements, claims, the drafting of conditions, M&A transactions, capital increases and restructuring, cyber-attacks, human resources, taxation, real estate and commercial matters.


On the regulatory front, the team boasts unparalleled experience in the Spanish legal sector when it comes to applications for authorisation from the Spanish Directorate-General of Insurance and Pension Funds, inspections and complex insurance distribution arrangements.


What's more, the ability to provide fully-loaded advice to the insurance sector also calls for experience in litigation. Our experts have been involved in advising insurers and reinsurers on some of the most salient proceedings in the sector, including complex international cases and covering all types of matters – such as D&O, civil liability, surety bonds, credit and industrial damages or risks.


Our 130-plus insurance lawyers in 44 countries across the globe enable us to guarantee the most beneficial outcome for clients in both domestic and cross-border matters. We adapt to our clients' commercial interests in order to protect them in local and international markets.
 

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FinTech
CMS' FinTech practice is home to one of Spain's most renowned teams given its participation in the development of the sector in the country from the v
Payment Services
The members of CMS' Payment Services team are able to draw on extensive experience advising the industry's key players for over 15 years. From large c

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14/09/2021
CMS M&A European Out­look 2022: Road to re­cov­ery
Septem­ber 2021 We are pleased to provide you with this year’s edi­tion of the “European M&A Out­look”, pub­lished in co-op­er­a­tion with Mer­ger­mar­ket
17/08/2021
An Itali­an and Span­ish up­date on In­sur­tech and pub­lic of­ficers li­ab­il­ity
The main In­sur­tech trends are clear evid­ence of the sales re­volu­tion. The spread of com­par­at­ors, di­git­al in­surers and brokers, on­line cross-selling, on-de­mand in­sur­ance, IoT, di­git­al ID and re­mote sub­scrip­tion re­quire both an as­sess­ment of ap­pli­able reg­u­lat­ory frame­work as well as a re­flec­tion on the im­pact of new reg­u­la­tions on di­git­al mar­ket play­ers.The ad­equacy of the ex­ist­ing reg­u­la­tions is cur­rently be­ing ad­dressed by do­mest­ic Reg­u­lat­ors with the aim of in­tro­du­cing ef­fect­ive rules to sup­port risk man­age­ment and im­prove cus­tom­er ex­per­i­ence.This pub­lic­a­tion of­fers a video re­cord­ing and present­a­tion of the CMS We­bin­ar held on 8 Ju­ly 2021 which covered the latest de­vel­op­ments in the area of in­sur­tech in Italy and Spain.It also provides an over­view of the re­cent le­gis­lat­ive re­form in Italy of pub­lic of­ficer­s' li­ab­il­ity and the im­pact of the new reg­u­la­tion on the ex­ten­sion of in­sur­ance cov­er­age, which in­surers should know to prop­erly face the un­der­writ­ing pro­cess.
11/06/2021
EDPB is­sues Re­com­mend­a­tion on cred­it card data stor­age for one-click pay­ments
The European Data Pro­tec­tion Board (EDPB) has ad­op­ted a new re­com­mend­a­tion on the leg­al basis for the stor­age of cred­it card data by e-com­merce mer­chants for the pur­pose of one-click pay­ment of fur­ther...
01/06/2021
Some leaks can­'t be fixed
“Con­fid­en­tial in­form­a­tion is like an ice cube... give it to the party who has no re­fri­ger­at­or or will not agree to keep it in one, and by the time of the tri­al you have just a pool of wa­ter.” This...
12/04/2021
EU Di­git­al Ser­vices Act gives new leg­al frame­work for plat­form eco­nomy
The European Com­mis­sion has is­sued the draft pro­pos­al for the Reg­u­la­tion on a Single Mar­ket for Di­git­al Ser­vices (Di­git­al Ser­vices Act or DSA), which cre­ates a new leg­al frame­work for di­git­al ser­vices...
26/03/2021
Oil & Gas / Ship­ping – The Ever Giv­en
The Suez Canal opened in 1869. Along with the Panama Canal, it is one of the most im­port­ant mari­time “short­cuts” ever built. Today, the canal is 193km (120 miles) long and is one of the busiest wa­ter­ways...
04/02/2021
Law and reg­u­la­tion of force ma­jeure in Spain
1. Is there le­gis­la­tion on force ma­jeure in your law sys­tem? Yes. Sec­tion 1,105 of the Span­ish Civil Code spe­cific­ally reg­u­lates force ma­jeure events. 2. If so, what is the text of the force ma­jeure...
22/01/2021
EDPB is­sues draft guidelines for data breach no­ti­fic­a­tions
Fur­ther to the GDPR re­quire­ment for re­port­ing per­son­al data breaches to the com­pet­ent data pro­tec­tion au­thor­ity and, in cer­tain cases, to af­fected in­di­vidu­als, the European Data Pro­tec­tion Board (EDPB)...
19/01/2021
New GDPR strategy to tackle new tech­no­logy, data se­cur­ity, in­ter­na­tion­al...
The European Data Pro­tec­tion Board (EDPB) pub­lished its GDPR Strategy 2021-2023 on 5 Janu­ary 2021, set­ting out four main pil­lars and key ac­tions, which in­clude: Pil­lar 1: Ad­van­cing har­mon­isa­tion and...
14/01/2021
CMS Spain ad­vises on first pro­ject sub­mit­ted to Span­ish sand­box
CMS Spain’s In­sur­ance, Re­in­sur­ance and In­nov­a­tion Team has ad­vised Bankia, one of Spain’s lead­ing banks, on the first pro­ject sub­mit­ted to the re­cently cre­ated FinTech reg­u­lat­ory sand­box in Spain.The...
13/01/2021
Bel­gian trans­ition­al re­gime for the UK in­sur­ance in­dustry
On 1 Janu­ary 2021, the Brexit trans­ition peri­od came to an end and the United King­dom (“UK”) of­fi­cially left the European Uni­on. The UK can now no longer en­joy the be­ne­fits of the in­tern­al mar­ket...
13/01/2021
EU­'s Por­tuguese pres­id­ency re­leases new draft of ePri­vacy Reg­u­la­tion
On 5 Janu­ary 2021, the Coun­cil of the EU – with Por­tugal serving as the Pres­id­ent-in-Of­fice – re­leased a new draft ver­sion of the ePri­vacy Reg­u­la­tion, which is meant to re­place the ePri­vacy Dir­ect­ive...