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Competent authorities should ensure a proportionate regime when applying these Guidelines that takes into account the nature and size of insurance intermediaries and whether the insurance intermediary takes up or pursues the activity of insurance mediation as a principal professional activity or on an ancillary basis.
These Guidelines do not apply where:
(i) an insurance intermediary receives a complaint about activities other than those regulated by the “competent authorities” pursuant to Article 4(2), EIOPA Regulation; or
(ii) an insurance intermediary handles a complaint on behalf of another financial institution under the legal provisions applicable to that institution.
Where the Guidelines do not apply for the reasons set out in Paragraph 7(i), the intermediary should respond, where possible, explaining why he/she is not the right person to complain to.
It is important that these Guidelines are read in conjunction with the Best Practices Report, which illustrates the scope of the Guidelines and the process for insurance intermediaries handling complaints. This Best Practices Report also touches upon the complaints management policy and organisation of the internal complaints management function.