Home FCA Handbook ICOBS ICOBS 4 ICOBS 4.1A Means of communication to customers
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ICOBS 4.1A Means of communication to customers

Application

01/10/2018R

This section applies to all information required to be provided to a customer in this chapter and in other chapters or sections where stated.

Means of communication to customers; non-telephone sales

01/01/2021R
  1. (1)

    A firm must communicate information to a customer using any of the following:

    1. (a)

      paper; or

    2. (b)

      a durable medium other than paper; or

    3. (c)

      a website (where it does not constitute a durable medium) where the website conditions are satisfied.

  2. (2)

    The firm must communicate the information in (1):

    1. (a)

      in a clear and accurate manner, comprehensible to the customer;

    2. (b)

      in an official language of the United Kingdom where the State of the risk is the United Kingdom, or in any other language agreed by the parties; and

    3. (c)

      free of charge.

    [Note: article 23(1), (2), (4) and (5) of the IDD]

01/10/2018R

Where the information is communicated using a durable medium other than paper or by means of a website, the firm must, upon request and free of charge, also send the customer a paper copy.

[Note: article 23(3) of the IDD]

01/10/2018R

A firm must ensure that a customer’s choice or consent to receive the information by means of a website (whether a durable medium or where the website conditions are satisfied) is an active and informed choice or consent.

01/10/2018G
  1. (1)

    For the purposes of ICOBS 4.1A.4R for example an option to allow a change to the e-mail address to be used or an option to allow information to be provided by means of a website should be presented in a way that is clear, fair and not misleading.

  2. (2)

    The following are examples of circumstances not evidencing active or informed choice or consent:

    1. (a)

      a pre-ticked box (suggesting that option has been selected) which appears in a more prominent place than an un-ticked box allowing another option to be selected; and

    2. (b)

      the customer electing to be informed by a website without being first given other options.

01/10/2018R

On renewal of a policy a firm may rely on a customer’s previous choice or consent as appropriate where:

  1. (1)

    there is evidence that the customer has regular access to the internet;

  2. (2)

    the provision of information in that medium is appropriate in the context in which the business between the firm and the customer is carried on; and

  3. (3)

    the customer is made aware, for example in the renewal documentation, of the option to receive the information on paper in a way that is clear, fair and not misleading.

Means of communications to customers: telephone sales

01/10/2018R

In the case of telephone selling:

  1. (1)

    the information must be given in accordance with the distance marketing disclosure rules (see ICOBS 3.1.14R); and

  2. (2)

    if prior to the conclusion of the contract the information is provided:

    1. (a)

      orally; or

    2. (b)

      on a durable medium other than paper;

    the firm must also provide the information to the customer in accordance with ICOBS 4.1A.2R immediately after the conclusion of the contract of insurance.

[Note: article 23(7) of the IDD]