Miryam Lassalle is a counsel in the Banking and Finance department where she heads the Insurance and Reinsurance practice group. Miryam has extensive experience assisting local and foreign clients with regulatory and contractual insurance matters including licensing requirements, cross-border activities, insurance distribution, and the review of policy documents and agreements with third parties.
Prior to joining NautaDutilh Avocats Luxembourg in 2019, she worked as an attorney in Paris and Luxembourg and as an in-house legal advisor for Luxembourg life insurance companies belonging to French and UK groups. Miryam was also a counsel in the Insurance and Reinsurance practice of another reputable law firm in Luxembourg.
Miryam holds a post-graduate degree in business law from the University of Paris IX Dauphine (1999) and a master's degree in private law from the University of Nantes (1998). She also holds a degree in economics (licence en économie), with a specialisation in banking, finance and insurance, from the University of Angers (2003).
Miryam was admitted to the Paris Bar in 2003 and to the Luxembourg Bar in 2018.
Miryam is a native French speaker and is fluent in English.
The COVID-19 pandemic has highlighted the usefulness of new communication techniques and provided greater legitimacy to digitalisation projects in the broader context of adapting to new consumer expectations. The insurance sector is not immune to these changes. This article provides a review of the provisions on distance insurance contracts, which reveals that insurers are subject to complex pre-contractual obligations to which particular attention should be paid prior to the conclusion of contracts.
The European Insurance and Occupational Pensions Authority recently issued new guidelines on outsourcing to cloud service providers which apply to insurers and reinsurers. The guidelines supplement the general regulatory framework based on the EU Solvency II Directive and EU Delegated Regulation 2015/35. The Insurance Commission has since confirmed that it will apply the guidelines in full. Therefore, Luxembourg insurers and reinsurers must abide by the guidelines.
As the insurability of administrative fines is not specifically provided for by the Insurance Contract Act, it may not be prohibited per se. Nonetheless, the industry is reluctant to offer insurance cover for administrative fines. Given the increasingly high penalties that can be imposed by administrative authorities following the entry into force of the EU General Data Protection Regulation, a legislative response would be appreciated at a supra-national level.
With more than 93% of premiums collected outside the Grand Duchy, Luxembourg life insurance has undeniably contributed to the dynamism of the European passport with regard to both freedom of services and freedom of establishment. Luxembourg life insurance is mainly a passported activity and thus marked by cross-border issues shaped by local developments that require constant monitoring, particularly when it comes to one of the sector's leading products: life insurance linked to investment funds.
The United Kingdom's planned exit from the European Union would result in it losing the fundamental freedoms guaranteed by the Treaty on the Functioning of the European Union and its qualification as an EEA third country. As such, it is timely to examine the regulatory framework governing the Luxembourg activities of (re)insurers registered outside the European Economic Area.