You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

April 13, 2020

Thailand’s OIC Issues Regulations on Digital Face-to-Face Measures During the COVID-19 Pandemic

The Office of Insurance Commission (OIC) has issued two notifications, dated April 7, 2020, regarding the method of offering for sale and issuing of insurance policies, and the conduct of agents, brokers, and banks, as part of the OIC and the Ministry of Finance’s relief measures during the COVID-19 pandemic. The measures are temporary and are intended to address the disruption caused by the necessary suspension of face-to-face distribution channels, to avoid physical contact, and to promote social distancing.

Key provisions include:

  • Face-to-face and bancassurance channels can now be carried out digitally (e.g. by voice, video, and images). This excludes distribution of unit-linked insurance products and other specific complicated life products that could be subject to SEC regulations and requirements.
  • Offerings for sale through digital channels must be recorded. The wording and rating of products that can be offered must have already been approved by the OIC.
  • When a prospective customer wishes to buy, information must be recorded by the agent, broker, or bank, and further submitted to the customer via electronic means, (e.g. application, email, SMS, etc.) for verification and confirmation. When the premium is paid, the receipt must be immediately issued to the customer electronically.
  • If agreed by the customer in advance, policies can be sent via email. The free look period starts when the policy is duly sent to the customers. The confirmation call must be made within seven days. If the customer would like to cancel, the premium must be refunded to the customers within 30 days of the cancellation date.
  • Insurers must arrange for appropriate systems and sale processes that support offering for sale through digital channels, such as records of communication, quality control, and customer personal data protection.

Compliance with these OIC notifications must be in conjunction with the OIC notifications regarding offerings for sale, issued in 2018.

RELATED INSIGHTS​ 

January 28, 2020
In late 2019, Thailand’s cabinet approved in principle the draft amendments to the Life Insurance Act B.E. 2535 (1992) and Non-Life Insurance Act B.E. 2535 (1992). The key changes introduced by the draft amendments include:Added provision on insurance business transfers that result in a change of insurer. In such a case, the transferee of the insurance business is required to notify the insured of the right of objection. A novation by substitution of the debtor will be deemed to occur when the insured does not object to the business transfer.
January 28, 2020
Tilleke & Gibbins authors have provided the latest update to the Thailand Q&A section of Doing Business in… , a Q&A-style guide published by Thomson Reuters Practical Law that presents an overview of recent legal developments affecting doing business in 59 jurisdictions worldwide. The Thailand chapter of the guide was written by attorneys from Tilleke & Gibbins and presents an overview of Thailand’s legal system and key laws applicable to foreign companies doing business in the country.
January 13, 2020
On January 7, 2020, the Thai General Insurance Association hosted a session on the insurance industry’s compliance with the Personal Data Protection Act (PDPA), which was enacted in 2019 and is due to come into force on May 27, 2020. Representatives from the Office of Personal Data Protection Commission (PDPC) and the Office of Insurance Commission (OIC) gave presentations, followed by a panel discussion with representatives of the OIC and the Thai General Insurance Association.Speakers were able to give clarity on a number of issues: