Ireland’s Consumer Protection Code – An Overview


  The Central Bank of Ireland (CBI) is tasked with maintaining monetary and financial stability while ensuring that the financial system operates in the best interests of consumers and the wider economy. One of the key tenets of this is the Consumer Protection Code (CPC) which, since its inception in 2006, has formed the basis upon which financial services firms operate.  It is the rules and principles that financial services firms must adhere to when providing or advertising financial services to consumers. The Code has gone through various iterations but the 2024 review is set to be the most comprehensive yet, bringing with it some new and amended concepts. Catalyst events such as the COVID-19 pandemic and increased investment in technology have brought about accelerated development of the digitalisation of insurance products and services. Such events have also exposed a gap in expectations between the products that insurers have offered and the products that consumers had expected. This highlights the importance of relevant, meaningful, concise and timely information, which is key to ensuring effective consumer understanding and informed decision-making. On this basis,  in reviewing the Consumer Protection Code 2012, the meaningfulness of information provided to consumers is of paramount consideration and this is reflected in the discussion and proposals. As it prepares for the coming decades the Code aims to address issues that are relevant now and into the future.  These include: Securing customers’ interests Digitisation Informing effectively Mortgage credit and switching Unregulated activities Frauds and scams Protecting Consumers in vulnerable circumstances and Climate risk To future-proof in a world where climate change brings new challenges on a monthly basis, sustainability seems elusive and changes in technology and in how business is conducted bring with them a complexity that puts many consumers at a disadvantage. Couple this with the increasingly sophisticated nature of frauds and scams, where even the most savvy consumer can be a victim. It is no mean feat to develop a set of rules for the financial services industry which is forward-looking, connected, proportionate, predictable, transparent and agile that will both allow firms to grow and prosper for the benefit of society and allow consumers to access the products and services they require. In the main, the consultation is based on the General Requirements of financial firms when interacting with Irish-based consumers. However, the paper also includes the final elements of the Individual Accountability Framework with the proposals around the Standards For Business, which will be applicable to all Regulated Financial Service Providers (RFSPs), both domestic and cross-border. The Consultation Paper follows the 2023 Discussion Paper and it is positive to see a number of the Irish insurance sector’s asks reflected in the paper. Irish insurers have long asked for sector-specific guidance and a living document that is easier for new entrants to understand and simpler to update than the numerous PDF addenda that have existed since 2012. This will support new market entrants in understanding CBI rules for business. The consultation follows a six-month engagement with stakeholders on the high-level themes which was completed in 2023 and includes a mapping tool, setting out the material changes to the existing consumer protection code. Comprising of 452 text changes, 232 replacements, 110 insertions and 90 deletions, there is a significant volume of work to be done by the insurance sector to understand the materiality of the changes, to assess the potential impact on the sector and to prioritise accordingly for discussion with the CBI.