CERTAIN ISSUES CONCERNING OUTSOURCING IN INSURANCE COMPANIES

This paper examines the issue of outsourcing in insurance companies, with particular attention to the regulatory framework of the European Union and the Republic of Serbia. Starting from the growing need for insurance companies to outso- urce certain activities to third parties, particularly as a consequence of technological innovation and digitalization, the paper analyzes the manner in which this process is legally regulated and restricted. Particular attention is given to the application of the principle of proportionality and to the impact of mandatory legal rules on the contractual relationships between insurance companies and service providers. The paper further examines the extent to which restrictions on the autonomy of will are justified, taking into account the primary objective of the regulatory framework – the protection of insurance service users. The paper highlights the tension between the need for efficient business operations and the requirements of regulatory certainty, and examines whether the current level of mandatory rules governing outsourcing fully serves that objective.

Keywords: outsourcing, principle of proportionality, autonomy of will, protection of insurance service users.