In particular, Member States may make the provision of advice referred to in the third subparagraph of Article 20(1) mandatory for the sales of any insurance product, or for certain types of insurance products. In such a case, such stricter national provisions shall be complied with by insurance distributors, including those operating under the freedom to provide services or the freedom of establishment, when concluding insurance contracts with customers having their habitual residence or establishment in that Member State.
3. Member States may limit or prohibit the acceptance or receipt of fees, commissions or other monetary or non-monetary benefits paid or provided to insurance distributors by any third party, or a person acting on behalf of a third party, in relation to the distribution of insurance products.
4. In order to establish a high level of transparency by all appropriate means, EIOPA shall ensure that the information it receives relating to national provisions is also communicated to customers, and to insurance and reinsurance distributors.
5. Member States shall ensure that where the insurance distributor is responsible for the provision of mandatory occupational pension arrangements and an employee becomes a member of such an arrangement without having taken an individual decision to join it, the information referred to in this Chapter shall be provided to the employee promptly after their enrolment in the arrangement concerned.
Article 23
Information conditions
1. All information to be provided in accordance with Articles 18, 19, 20 and 29 shall be communicated to the customer:
(a) on paper;
(b) in a clear and accurate manner, comprehensible to the customer;
(c) in an official language of the Member State in which the risk is situated or of the Member State of the commitment or in any other language agreed upon by the parties; and
(d) free of charge.
2. By way of derogation from point (a) of paragraph 1 of this Article, the information referred to in Articles 18, 19, 20 and 29 may be provided to the customer on one of the following media:
(a) a durable medium other than paper, where the conditions laid down in paragraph 4 of this Article are met; or
(b) a website where the conditions laid down in paragraph 5 of this Article are met.
3. However, where the information referred to in Articles 18, 19, 20 and 29 is provided using a durable medium other than paper or by means of a website, a paper copy shall be provided to the customer upon request and free of charge.
4. The information referred to in Articles 18, 19, 20 and 29 may be provided using a durable medium other than paper if the following conditions are met:
(a) the use of the durable medium is appropriate in the context of the business conducted between the insurance distributor and the customer; and
(b) the customer has been given the choice between information on paper and on a durable medium, and has chosen the latter medium.
5. The information referred to in Articles 18, 19, 20 and 29 may be provided by means of a website if it is addressed personally to the customer or if the following conditions are met:
(a) the provision of that information by means of a website is appropriate in the context of the business conducted between the insurance distributor and the customer;
(b) the customer has consented to the provision of that information by means of a website;
(c) the customer has been notified electronically of the address of the website, and the place on the website where that information can be accessed;
(d) it is ensured that that information remains accessible on the website for such period of time as the customer may reasonably need to consult it.