Page 37 - 期货和衍生品行业监管动态（2024年6月刊）

期货和衍生品行业监管动态

ESMA 和各成员国监管机构将继续就这一主题开展工作，因为营销传播和广

告在决定消费者行为和影响投资决策方面可以发挥重要作用。

ESMA Reports on the Application of MiFID II Marketing Requirements

(2024/5/27)

The European Securities and Markets Authority (ESMA), the EU’s financial

markets regulator and supervisor, today published a combined report on its 2023

Common Supervisory Action (CSA) and the accompanying Mystery Shopping

Exercise (MSE) on marketing disclosure rules under MiFID II.

ESMA, together with the National Competent Authorities (NCAs), finds that

globally, marketing communications (including advertisements) comply with MiFID

II requirements, and investment firms generally have procedures in place to ensure

compliance with MiFID II of marketing materials, including during their development.

Some concerns were raised by NCAs regarding sustainability claims in marketing

communications, including advertisements.

In the report, ESMA identifies several areas of improvements, such as the need

for marketing communications to be clearly identifiable as such, and to contain a clear

and balanced presentation of risks and benefits. In cases where products and services

are marketed as having ‘zero cost’, they should also include references to any

additional fees.

Other areas for improvement include:

1.The need for adequate approval and review processes for marketing

communications, including advertisements, whether these are prepared by the firm or

by third parties;

2.Ensuring compliance with legal requirements on the part of distributors for all

marketing communications;

3.Implementation of adequate record-keeping measures for all marketing

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