Search
Contact
15.06.2018 | KPMG Law Insights

Investment | Law | Compact – Issue 06/2018

Dear Readers,

the EU Commission presented its proposals for strengthening a sustainable financial system at the end of May. Investors should be informed about sustainable financial products, which should also be included in investment considerations.

A classification system will decide which investments and assets are considered sustainable in the future. A regulatory anchoring of ESG (“environmental, social, governance”) requirements for investment strategies is contained in the legislative package of the
EU Commission at present, however.

Incidentally, we report briefly on various activities of the European supervisory authority in our June issue.

With warm regards,
Henning Brockhaus

European supervision

European supervisory authorities publish joint annual report 2017

On May 22, 2018, the European financial regulators EBA, ESMA and EIOPA published the joint report “Joint Committee Annual Report 2017” with the objectives achieved in 2017.

In particular, the supervisory authorities report on successes in the fight against money laundering and terrorist financing. In addition, the identification of risks to financial stability has been a consistent objective at the forefront of the work of the three supervisory authorities.

The Joint Committee report can be found here.

European supervision

ESMA updates various Q&A catalogs

The European Securities and Markets Authority (ESMA) has updated some of its question and answer catalogs:

  • Q&A on MiFID2/MiFIR (investor protection)
  • Q&A on the application of the UCITS Directive
  • Q&A on the application of the Benchmark Regulation
  • Q&A on EMIR

European legislation

EU Commission publishes proposal to promote a sustainable financial system

The EU Commission has published a legislative proposal to promote a sustainable financial system.

The proposal includes the introduction of a classification system that can be used to record sustainable activities, especially with regard to environmental aspects.

In addition, fund companies and asset managers will be given new transparency requirements, and investment and insurance advisors as well as asset managers will be required to ask customers about sustainability preferences and include them in suitability tests.

More information on this and the legislative proposal can be found here.

European supervision

ESMA publishes suitability guidelines on MiFID2

On May 28, 2018, ESMA published guidelines on the suitability test in investment advice and asset management. They are based on the text of ESMA’s 2012 Guidelines on MiFID1 (2012 Guidelines), but add further details to them and also take into account

– technological developments in the area of investment advice, in particular the increased use of robo-advice, as well as

– the experience of national supervisors with regard to the application of suitability criteria (including the 2012 Guidelines)

You can access the Guidelines here (as part of the Final Report).

 

Explore #more

09.03.2026 | KPMG Law Insights

MiCAR and whitepaper obligations – what the transitional regulations mean

The Markets in Crypto-Assets Regulation (MiCAR) has been in force for just over a year. Among other things, MiCAR obliges issuers and providers of crypto…

09.03.2026 | In the media

Guest article in Private Banking Magazine: What tokenized banknotes mean in day-to-day treasury operations

The future of payment transactions will be shaped not by new currencies, but by new processing models. A practical report by Marc Pussar (KPMG Law),…

06.03.2026 | In the media

Guest article in smartlegalmarket: Trends for legal departments in 2026 & 2027

KPMG Law has been surveying international legal departments on their challenges for more than ten years. The “Right to Progress” report is now regarded as…

06.03.2026 | KPMG Law Insights

Carve-out: The biggest risks and how the legal workstream avoids them

A carve-out does not usually fail due to a lack of ideas. And not due to a lack of buyers. Nor do they usually fail…

04.03.2026 | In the media

KPMG Law expert with statement in dpn magazine on the Location Promotion Act

Shortly after coming into force, the Location Promotion Act is apparently already having a noticeable effect on the investment plans of institutional market participants. In…

25.02.2026 | Deal Notifications

KPMG Law and KPMG advised Senstar on the acquisition of Blickfeld

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Senstar group (Senstar) on the acquisition of all shares in Blickfeld GmbH (Blickfeld).…

20.02.2026 | KPMG Law Insights, Legal Financial Services

Consumer Credit Directive (CCD II) tightens rules for the banking industry

The revised Consumer Credit Directive fundamentally reorganizes the consumer credit business. From November 20, 2026, an extended scope of application and significantly stricter requirements will…

20.02.2026 | In the media

Guest article in PERSONALFÜHRUNG: Between tradition and transformation – HR in SMEs

The German SME sector is an exciting learning field for other organizations. Its structural characteristics not only shape the way decisions are made, but also…

19.02.2026 | Deal Notifications

KPMG Law advises DKB Finance and DKB Kreditbank on the sale of FMP Forderungsmanagement Potsdam to LOANCOS

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided comprehensive legal advice to DKB Finance GmbH and DKB Kreditbank AG on the sale of FMP Forderungsmanagement Potsdam…

17.02.2026 | KPMG Law Insights

Establishing complaint management – guidelines for companies and administration

Complaints are great. They show unvarnishedly where processes, communication or services are not working. And even if they initially seem stressful for everyone involved, those…

Contact

Henning Brockhaus

Partner

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

Tel.: +49 69 951195061
hbrockhaus@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll