Legal Protection Insurance and Legal Technology: The Legal Framework for Offering Legal Technology with a Particular Focus on the German Market

53 Pages·2022·1.102 MB·English

by  Constantin Jung, Domenik H. Wendt

SpringerBriefs in Law
Constantin Jung · Domenik H. Wendt
Legal Protection
Insurance and Legal
Technology
The Legal Framework
for Offering Legal
Technology with a Particular
Focus on the German
Market
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·
Constantin Jung Domenik H. Wendt
Legal Protection Insurance
and Legal Technology
The Legal Framework for Offering Legal
Technology with a Particular Focus on
the German Market
Constantin Jung Domenik H. Wendt
Frankfurt, Hessen, Germany Frankfurt, Hessen, Germany
ISSN 2192-855X ISSN 2192-8568 (electronic)
SpringerBriefs in Law
ISBN 978-3-031-16540-5 ISBN 978-3-031-16541-2 (eBook)
https://doi.org/10.1007/978-3-031-16541-2
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Foreword
Access to justice is an elementary prerequisite for all people to be able to participate
in social and economic life and to protect themselves and their families. With their
offers, services and guarantees, both, legal protection insurance and legal technology,
allow people to enforce their claims and defend themselves against legal attacks in
an uncomplicated, cost-effective and high-quality manner.
However, access to justice is still a long way off for many people. We see, for
example, that around 5 billion people worldwide are not able to meet their legal needs
or defend their rights. Either they lack the financial means to pursue justice or they
are not even aware that there is a solution to their problem at all. The United Nations
has also recognized this problem and included securing access to justice as Goal 16
in its 17 Sustainable Development Goals.
Legal Protection International aisbl (LPI) and its members regard legal protec-
tion insurance as part of a possible solution and want to work together to make
the complicated product of legal protection insurance better understood and more
widely recognized as an enabler of access to justice. LPI’s 2017 report on the
“Determining Factors of Legal Protection Insurance” (www.legalprotectioninternati
onal.com) made a significant contribution to better understanding how legal protec-
tion insurance works. The present report, commissioned by LPI and written by the
Research Lab for Law and applied Technologies (ReLLaTe) at the Frankfurt Univer-
sity of Applied Sciences, continues this by looking in particular at the issues of legal
technology, its legal underpinnings and what collaboration between legal protection
insurance and legal technology looks like.
I am convinced that this report makes an important contribution to a better under-
standing of this complex field and would like to thank and congratulate the authors,
Constantin Jung and Prof. Dr. Domenik H. Wendt, for their excellent work!
Brussels, Belgium Antje Fedderke
May 2022 (LPI Secretary General)
v
Acknowledgment
This report was written by
Research Lab for Law and Applied Technologies (ReLLaTe)
Constantin Jung, LL.M. (Dundee)
Prof. Dr. Domenik H. Wendt, LL.M.
on behalf of the
Legal Protection International aisbl (LPI)
(former International Association of Legal Protection Insurance (RIAD))
vii
Disclaimer
Although all information used in this publication was taken carefully from reliable
sources, LPI and ReLLaTe do not accept any responsibility for the accuracy or
the comprehensiveness of the information given. The information provided is for
information purposes only and in no event shall LPI or ReLLaTe be liable for any
loss or damage arising from the use of this information.
ix
Contents
1 Executive Summary ............................................. 1
2 Data on Legal Protection Insurance ............................... 3
2.1 Definition of “Legal Protection Insurance” and Further
Explanations ................................................ 3
2.2 Methodology and Data Sources ................................ 4
2.3 Overview of the Development in the Legal Protection Insurance
Market ..................................................... 6
2.3.1 Markets in Scope ..................................... 6
2.3.2 Market Shares ........................................ 6
2.3.3 Growth of Market(s) ................................... 7
2.3.4 Importance of National Markets: Size, Penetration Rate
and Density .......................................... 7
Reference ....................................................... 9
3 Study on the Relevant Legal Frameworks for Offering Legal
Technology Services as a Legal Protection Insurer in Germany ...... 11
3.1 Legal Technology ........................................... 12
3.1.1 Definition of “Legal Technology” ....................... 12
3.1.2 Application-Oriented Categorisation of Legal
Technology .......................................... 12
3.2 The European Legal Framework ............................... 16
3.2.1 Insurance ............................................ 16
3.2.2 Legal Technology/Legal Tech ........................... 19
3.2.3 Legal Services ........................................ 19
3.2.4 Alternative Business Structures ......................... 20
3.2.5 Artificial Intelligence .................................. 20
3.3 The German Legal Framework ................................ 25
3.3.1 Insurance ............................................ 26
3.3.2 Legal Technology ..................................... 27
3.3.3 Legal Services ........................................ 29
3.3.4 Alternative Business Structures ......................... 31
xi
xii Contents
3.3.5 Artificial Intelligence .................................. 32
3.4 Conclusion ................................................. 32
References ...................................................... 33
Annex: Data Used and Sources ...................................... 37