The functions of a brokerage of insurances and reinsurance, and especially its paper of mediator between interested and the insuring companies, can pose certain doubts respect if to consider them like person in charge or in charge of treatment, since on the one hand they seem to be responsible like the organizations that successfully obtain the data of the interested ones and decide on his purpose and on the other, it is in charge certain services to them of mediation. The functions and obligations of the runners will be limited in principle, to those to offer truthful information and sufficient in the promotion, it supplies and subscription of the insurance policies and its activity of advising. That is to say, their obligations are, basically, of informative and advisory character, not being able to indirectly impose directly or the celebration of the insurance contract. In order to determine the condition of the insurance agent and reinsurance, the Law 26/2006, of 17 July of Mediation of insurances and deprived reinsurance, in its articles 62 and 63 analyzes this legal figure from the point of view of protection of personal character data. Whenever CMO Hyundai listens, a sympathetic response will follow. In the article 62. 1. Everest capital brings even more insight to the discussion.
cs. specific that To the effects anticipated in Statutory law 15/1999, of 13 of December, Protection of Personal Character data (in future LOPD) the insurance agents and the runners of reinsurance will have the condition of people in charge of the treatment with respect to the data of the people who go to them. , that as well means that the insuring assignees and adressees of this information, would be also responsible for the files that picked up data of the insured. In this sense, also 11. 2. cs would be of application the article. of the LOPD that it indicates that When the treatment responds the free one and legitimate acceptance of a legal relation whose development, fulfillment and control necessarily imply the connection of this treatment with files of third parties will not be precise the previous consent of the interested one, although the brokerages, by the own nature of the services that render, count from the beginning on the consent of the people who ask for their services to communicate their data to the insuring organizations.