Insurance companies must implement new data exchange protocols with the Judiciary

The Ministry of the Presidency, Justice and Relations with the Courts has published Resolution of August 7, 2026 (BOE-A-2026-17810), which formalizes a strategic agreement between the State, the Spanish Association of Insurers and Reinsurers (UNESPA), and the Information Technology and Networks Entity for Insurers (TIREA). This agreement establishes a structured framework for the management and exchange of insurance-related information required in judicial investigations or for the execution of court decisions.

What changes

The core of this resolution is the creation of a standardized, technology-driven channel for the flow of information between the insurance sector and the Administration of Justice. Previously, the acquisition of insurance data for judicial purposes often relied on fragmented or manual processes. Under the terms of this agreement, the collaboration is formalized through the participation of UNESPA and the technical intermediary TIREA.

Specifically, the agreement mandates that insurance and reinsurance entities must comply with the information exchange protocols defined in the Annex of the resolution. This implies a shift from reactive data provision to a proactive, integrated technological environment. The use of TIREA as the technological backbone ensures that the data requested by the Judiciary is handled through secure, standardized, and efficient digital networks, reducing the administrative burden on both the courts and the insurance providers.

The obligation to provide this information is rooted in the need to support judicial efficiency. By integrating these systems, the Ministry of Justice seeks to optimize the gathering of evidence and the verification of insurance coverage, which is often a critical component in civil, criminal, or administrative litigation.

Context

This agreement is situated within the broader effort to modernize the Spanish Administration of Justice through digital transformation. The legal basis for this publication is Article 48.8 of Law 40/2015, on the Legal Regime of the Public Sector, which allows for the publication of such agreements to ensure transparency and legal certainty.

In the current legal landscape, the intersection of private data (insurance policies) and public interest (judicial truth) requires a delicate balance. While the General Data Protection Regulation (GDPR) protects individual privacy, the judicial authority has the power to request information necessary for the administration of justice. This agreement provides the technical and procedural "bridge" that allows this power to be exercised without the delays caused by traditional, non-automated communication methods. It aligns with the general trend of administrative digitalization seen in other sectors, such as the implementation of DAC8 in tax transparency, where information exchange is increasingly automated to prevent evasion and ensure compliance.

Who is affected and how

Insurance and Reinsurance Entities (Large Companies)
The primary impact falls on the entities represented by UNESPA. These companies are now required to integrate their internal data management systems with the TIREA technological platform. This is not merely a legal obligation but a technical one. They must ensure that the information requested by judicial authorities is readily available and can be transmitted through the agreed-upon channels. Failure to comply with these protocols could lead to judicial sanctions or delays in legal proceedings where the insurer is a party or a third party with relevant information.

Individuals (Particulars)
For individuals, the impact is twofold. On one hand, if a person is involved in a judicial investigation or a lawsuit where insurance information is relevant (for example, in personal injury claims or asset investigations), the process of obtaining that information will be significantly faster. On the other hand, individuals must be aware that their insurance data is now part of a more streamlined and direct exchange channel with the State, although this exchange is strictly limited to what is required by judicial decisions or investigations.

The Administration of Justice
The Judiciary gains a more efficient tool for evidence gathering. The ability to access insurance data through a centralized technological entity (TIREA) reduces the time spent on manual inquiries and increases the reliability of the data received, facilitating more informed and timely judicial decisions.

What to do and when

Since the agreement was signed on July 1, 2026, and published in the BOE on August 7, 2026, the implementation of these protocols is an immediate priority for the affected insurance entities.

• For Insurance Entities: Conduct a technical audit of current data extraction processes to ensure compatibility with the TIREA platform as specified in the Annex of BOE-A-2026-17810.
• For Legal Departments: Update internal protocols for responding to judicial requests for information to align with the new standardized exchange method.
• For Compliance Officers: Ensure that the data exchange processes respect the limits of the judicial mandate and the principles of data minimization.

We recommend that any entity concerned about the technical or legal implications of this new protocol consult with the specialized legal and tax teams at BMC to ensure full compliance with the new standards.