How to prepare for the new CAA circular on teleworking?

Published Date
Jul 14, 2023
The Commissariat aux Assurances (CAA) has issued a new circular letter (23/10) that will affect how insurance and reinsurance companies operate from September 1, 2023. The circular sets out the CAA's expectations on teleworking of managers, key functions holders and other control functions, as well as on the use of electronic signatures. Here are the main points you need to know: 


Keep your central administration in Luxembourg - this includes your daily managers, key function holders, support and control functions, as well as your administrative, accounting and IT functions which ensures correct administration of the entity. 

You must update your teleworking policies to ensure that your company's decision-making, administrative and control centers are based at your head offices in Luxembourg. This means that you have to:

  • Establish systems, such as teleworking internal policies that apply to managers and key function holders and that guarantee that they work from your head offices in Luxembourg most of the time.
  • Record and document the presence of managers and key function holders at your head offices in Luxembourg, as well as their business trips abroad.
  • Respect Luxembourg labour law, professional secrecy and data protection rules when organising teleworking.
  • Ensure that your daily manager(s) carries(y) out the major part of his/her/their activities from your offices in Luxembourg and where relevant, determine whether it would be useful to appoint a second daily manager to ensure effective decision making in Luxembourg in case of absences.

The CAA may verify compliance with these rules during on and off-site inspections. 

In addition, you must have a clear in-house organisation of your use of electronic signature in relation to official documents provided to the CAA and be able to justify the technical features of your electronic signatures systems to the CAA. This means that you have to:

  • Use “qualified electronic signature” for official documents signed by managers and sent to the CAA (if you do not use a wet-ink signature).
  • Fill in and send a questionnaire to the CAA within 30 days after the circular comes into force (i.e. by October 2, 2023) if you already use electronic signatures.
  • Fill in and send the same questionnaire to the CAA 30 days before you start using electronic signatures if you plan to do so in the future.
  • Provide the CAA with any electronic signature procedures and updated documents listed in the questionnaire if requested.

Note that the circular also provides a list of documents which the CAA expects the daily manager(s) to sign. 

Do not miss the deadline and get ready for the new CAA circular. 

Content Disclaimer
This content was originally published by Allen & Overy before the A&O Shearman merger