In compliance with (still) effective act on insurance mediation day of 22nd May of 2003, insurance agency consists in agent’s performance of factual or legal actions related to concluding or implementing insurance contracts for remuneration.

Statute indicates that insurance agent performs action on behalf or for insurance company, hereinafter referred to as “agency-related actions”, which consist in: acquisition of clients, performance of preparatory actions aimed at concluding insurance contracts and participating in administration, organisation and supervision of agency-related actions (agency activity).

The aforesaid bears complex implications on the ground of Regulation of the European Parliament and (UE) Council 2016/679 day of 27th April of 2016 on protection of natural persons with regard to personal data processing and on free flow of such data as well as on repeal of directive 95/56/WE (further referred to as: “RODO”).

If it is assumed that an ideal world exists and the agent is offered insurance from only one insurance company then the situation is clear. The agent will be a personal data processor towards the insurance company.

However, what if agent is offered insurance from a few insurance companies. Usually, such agent in the first place holds an interview with a potential Client, during which he/she acquires his/her personal data, such as name and surname, age. He/she may also acquire third parties’ personal data, e.g. from potential beneficiary. Then, agent based on obtained information presents the offer of specific insurance companies. One may venture a thesis that he behaves like an insurance broker to a small extent.

Fundamental question is whether multiagent shall be a personal data administrator of potential clients at the stage before presentation of insurance offers. In author’s judgement – yes. It is multiagent, who defines aims and ways of personal data processing. After all he/she may give personal data of potential client to insurance companies of his choice, not to mention others, he/she can alone define the scope of collected data.

For the above reasons, the author is of opinion that multiagent shall earn the status of administrator, even if time of personal data processing lasted only when the insurance contract was concluded with the insurance company. Adoption of the motion above gives rise to a number of vital obligations on such agent’s part.