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

12.06.2026 | KPMG Law Insights

12th Amendment to the German Act Against Restraints of Competition: What’s Changing for Transactions, Antitrust Proceedings, and Certain Industries

The 12th Amendment to the Act Against Restraints of Competition (GWB) introduces several important changes for businesses, including higher thresholds for merger control, a broader…

09.06.2026 | KPMG Law Insights

Implementation of the Pay Transparency Directive: what the expert commission recommends

The EU Pay Transparency Directive has been in force since June 2023 and should have been transposed into German…

02.06.2026 | Deal Notifications

KPMG Law advises on the sale of hpm Henkel Projektmanagement GmbH

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) provided legal advice to THE-Holding GmbH and its managing partner Thomas Henkel in connection with the sale of hpm…

02.06.2026 | In the media

KPMG Law quote in Die Welt and Business Insider on the most important changes in June

In June, several changes come into force that will directly affect millions of consumers in Germany. From new rights for online shopping and changes to…

29.05.2026 | In the media

Statement by KPMG Law experts in the Süddeutsche Zeitung on the topic of embedded insurance

Insurance is increasingly being offered when buying cars, cell phones or concert tickets. Embedded insurance is particularly popular when buying electrical devices such as smartphones.…

26.05.2026 | KPMG Law Insights

The industrial electricity price – cost relief with new requirements and verification obligations

The industrial electricity price is in the starting blocks: With the publication of the funding guideline on May 6, 2026, the long-awaited legal framework for…

19.05.2026 | KPMG Law Insights

The amendment to the Environmental Appeals Act is intended to speed up infrastructure projects

The amendment to the Environmental Appeals Act (UmwRG) passed by the Federal Cabinet on January 21, 2026 is intended to speed up infrastructure projects.…

15.05.2026 | KPMG Law Insights

How the EU Inc. is changing the transaction market – five theses for M&A, venture capital and private equity

EU Inc. could noticeably change the transaction market in Europe. This is because it changes central assumptions about social structures. If shares are transferred digitally,…

14.05.2026 | Deal Notifications

KPMG Law advises Deutsche Telekom on BaFin authorization for reinsurance captive

Deutsche Telekom AG has received permission from BaFin to establish a reinsurance captive based in Germany. The license was granted at the end of March…

13.05.2026 | KPMG Law Insights

What the new Consumer Credit Directive means for retail banks

The new Consumer Credit Directive (CCD II) tightens the requirements for the granting of consumer loans for retail banks. Read this article to find out…

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