L’ESMA lance une action de surveillance commune sur l’application des règles MiFID II relatives aux conflits d’intérêt dans le cadre de la distribution d’instruments financiers (uniquement en anglais)

On 2 December 2024, the European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, announced that it will launch a Common Supervisory Action (CSA) with National Competent Authorities (NCAs) on conflicts of interest in the distribution of financial instruments by credit institutions as well as investment firms’ within the field of the MiFID II rules: ESMA to launch Common Supervisory Action on MiFID II conflicts of interest requirements.

The methodology of this CSA will be developed by ESMA and aims to ensure a common supervisory approach among NCAs contributing therefore to the consistent application of EU rules and strengthening investor protection.

The CSA will assess how firms comply with their obligations under MiFID II to identify, prevent, and manage conflicts of interest when offering investment products to retail clients.

The CSA will focus on:

• the possible impact of staff remuneration and inducements on what products are offered to investors;
• the role of digital platforms in directing investors towards certain products, and whether this serves their best interests;
• the ways firms manage potential conflicts between their own profits and the needs of retail investors.

In the above context, the CSSF will contact a sample of supervised entities and will carry out the CSA during 2026.