With the existing software solutions to the new consulting and documentation obligation in the context of the Insurance Mediation Directive, liability problems can arise. The Munich lawyer Johannes Fiala, who specialises in liability issues, draws attention to this. Fiala says intermediaries often feel a misconceived sense of security with the programs. It is true that many of the existing protocol patterns are helpful. However, to Fiala’s knowledge, no program would reproduce the course of the conversation with the required accuracy. The exact mapping of the process is important, however, in order to have any chance at all in the event of a liability claim. Combined with the claim to have provided the intermediary with “liability-proof software”, software manufacturers could thus find themselves in the liability trap. In the event of a claim for incorrect advice, which cannot be invalidated by the exact documentation of the course of the conversation, the manufacturer of the software would be jointly liable. The problem of liability for errors in advice is, of course, not a new problem. For decades, intermediaries have had to prove what they specifically advised the customer to do in the event of an emergency. Professional mediators have therefore been working with protocols for a long time. The only new aspect is that from 2007 there will be a comprehensive obligation to document counselling sessions. Elke Pohl
(Financial Performance 24/2006, 7)
Courtesy of www.performance-online.de.