Insurance Broker Agreement Template for Denmark

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Key Requirements PROMPT example:

Insurance Broker Agreement

I need an Insurance Broker Agreement under Danish law for my manufacturing company, focusing on international operations and complex risk management services, with specific provisions for handling EU cross-border insurance arrangements.

What is a Insurance Broker Agreement?

The Insurance Broker Agreement is essential for formalizing the relationship between professional insurance intermediaries and their clients under Danish law. This document is typically used when a company or organization seeks to engage the services of a licensed insurance broker for managing their insurance needs. The agreement must comply with the Danish Insurance Mediation Act, the Financial Business Act, and relevant EU regulations, including GDPR. It details the scope of brokerage services, compensation structures, regulatory obligations, and risk management procedures. The document is particularly important in Denmark's regulated insurance market, where brokers must maintain specific licenses and follow strict professional conduct rules. The agreement serves as both a commercial and regulatory tool, ensuring transparency in the broker-client relationship while meeting supervisory requirements.

What sections should be included in a Insurance Broker Agreement?

1. Parties: Identification of the Insurance Broker and the Client, including registration numbers, addresses, and regulatory authorizations

2. Background: Context of the agreement and brief description of the parties' intention to enter into an insurance brokerage relationship

3. Definitions: Key terms used throughout the agreement, including regulatory terms specific to Danish insurance law

4. Scope of Services: Detailed description of brokerage services, including risk assessment, insurance placement, claims assistance, and ongoing management

5. Broker's Obligations: Core duties including due diligence, market research, disclosure requirements, and compliance with Danish insurance regulations

6. Client's Obligations: Requirements for information provision, disclosure of material facts, and cooperation with the broker

7. Compensation: Fee structure, commission arrangements, and payment terms in compliance with Danish transparency requirements

8. Regulatory Compliance: Commitments to comply with Danish Insurance Mediation Act and other relevant regulations

9. Confidentiality: Obligations regarding confidential information and compliance with GDPR requirements

10. Liability and Indemnification: Scope of broker's liability, professional indemnity requirements, and limitations under Danish law

11. Term and Termination: Duration of agreement, renewal terms, and termination provisions

12. Governing Law and Jurisdiction: Confirmation of Danish law governance and jurisdiction for disputes

What sections are optional to include in a Insurance Broker Agreement?

1. Conflict of Interest: Specific provisions for managing and disclosing conflicts of interest, recommended when broker works with multiple insurers or has various revenue streams

2. Sub-Broking Arrangements: Terms for engaging other brokers or intermediaries, needed when broker may need to involve specialized brokers

3. International Services: Additional provisions for cross-border services, required when client has international insurance needs

4. Electronic Communications: Specific terms for digital communication and online services, recommended for modern broker operations

5. Risk Management Services: Additional risk advisory services beyond standard broking, optional for enhanced service offerings

6. Claims Advocacy Services: Detailed provisions for claims handling services, recommended for complex insurance arrangements

What schedules should be included in a Insurance Broker Agreement?

1. Schedule of Services: Detailed breakdown of specific services to be provided, including any excluded services

2. Fee Schedule: Detailed fee structure, commission rates, and payment terms

3. Broker's Professional Credentials: Copies of licenses, registrations, and professional qualifications

4. Service Level Agreement: Specific performance metrics and service standards

5. Data Processing Agreement: GDPR-compliant terms for handling personal data

6. Authorized Representatives: List of authorized contacts for both parties

7. Insurance Markets: List of approved insurers and markets the broker will approach

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses
Relevant Industries

Financial Services

Insurance

Manufacturing

Construction

Transportation and Logistics

Healthcare

Real Estate

Retail

Technology

Energy

Maritime

Professional Services

Agriculture

Relevant Teams

Legal

Risk Management

Finance

Compliance

Procurement

Operations

Treasury

Insurance

Commercial

Relevant Roles

Risk Manager

Chief Financial Officer

Insurance Manager

Compliance Officer

Legal Counsel

Chief Risk Officer

Procurement Manager

Operations Director

General Counsel

Treasury Manager

Financial Controller

Chief Executive Officer

Commercial Director

Industries
Danish Insurance Mediation Act (Lov om forsikringsformidling): The primary legislation governing insurance intermediation in Denmark, implementing the EU Insurance Distribution Directive (IDD). It sets out requirements for insurance brokers including registration, professional qualifications, and conduct of business rules.
Danish Financial Business Act (Lov om finansiel virksomhed): Regulates financial businesses including aspects of insurance brokerage, setting out requirements for financial services providers and their obligations towards customers.
Danish Contracts Act (Aftaleloven): Provides the general framework for contract formation and validity in Denmark, including rules on offer and acceptance, authority, and invalidity of contracts.
Danish Marketing Practices Act (Markedsføringsloven): Regulates marketing practices and contains provisions relevant to how insurance brokers can market their services and products to clients.
General Data Protection Regulation (GDPR): EU regulation implemented in Denmark governing the processing of personal data, crucial for insurance brokers handling client information.
Danish Money Laundering Act (Hvidvaskloven): Implements EU anti-money laundering directives and sets requirements for customer due diligence and reporting obligations.
Executive Order on Good Business Practice for Financial Undertakings: Detailed regulations on conduct of business rules for financial services providers, including insurance brokers.
Danish Consumer Contracts Act (Forbrugeraftaleloven): Provides specific protections for consumers in contracts, relevant when the insurance broker deals with private individuals.
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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