Prohibition of special remuneration and commission rebating

(1) Insurance undertakings and insurance intermediaries within the meaning of section 59(1) of the Insurance Contract Act are prohibited from granting or promising special remuneration to policyholders, insured persons, or beneficiaries under an insurance contract. This prohibition also applies to the employees of insurance undertakings and insurance intermediaries. A contractual agreement to the contrary is void.
(2) A special remuneration is any direct or indirect benefit in addition to the benefit agreed in the insurance contract, in particular any
1. full or partial rebate of commission,
2. other benefit in kind or in services not relating to the insurance benefit,
3. discount on goods or services, unless it is of low value. Rewards or gifts given to initiate or on the occasion of the conclusion of a contract are regarded as of low value insofar as their total value does not exceed 15 euros per insurance relationship and calendar year.
(3) The granting of commissions to policyholders who are at the same time intermediaries of the insurance undertaking concerned is not regarded as special remuneration, unless the intermediary relationship was established solely in order to allow them to receive such benefits for their own insurance.
(4) Subsection (1) does not apply insofar as the special remuneration is used for a permanent increase in benefits or reduction in premium under the intermediated contract. Section 138(2), section 146(2), first sentence, section 161(1), and section 177(1) remain unaffected.