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

07.11.2025 | Deal Notifications

KPMG Law and KPMG advise Diehl Defence on the acquisition of the Tauber Group

KPMG Law Rechtsanwaltsgesellschaft mbH (KPMG Law) and KPMG AG Wirtschaftsprüfungsgesellschaft (KPMG) advised Diehl Defence on the acquisition of the Tauber Group. KPMG Law provided legal…

07.11.2025 | KPMG Law Insights

Changes to the H-1B visa and their consequences for US hiring and secondment practices

President Trump’s administration has introduced two significant changes to the highly popular H-1B visa program for skilled workers: The previous random lottery will be replaced…

07.11.2025 | In the media

KPMG Law Statement on HAUFE: Confusion surrounding the EU Deforestation Regulation – and what companies should do now

Possibly, perhaps, under certain circumstances, the EU Deforestation Regulation (EUDR) will not be binding for large and medium-sized enterprises on December 30, 2025 and for…

06.11.2025 | KPMG Law Insights

External personnel: authorities tighten checks with AI support

AI is a blessing for many companies, but it can also quickly become a curse, especially when authorities use the technology to uncover legal violations…

06.11.2025 | KPMG Law Insights

Deforestation regulation – simplification instead of postponement?

In September, the EU Commission wanted to postpone the EUDR deforestation regulation. On October 21, 2025, it published a comprehensive proposal to simplify the EUDR

05.11.2025 | KPMG Law Insights

Employer of Record now not subject to authorization after all – change of heart at BA

On October 1, 2025, the Federal Employment Agency (BA) updated its technical directives and made a U-turn with regard to the so-called employer-of-record model: In…

03.11.2025 | KPMG Law Insights

CO₂ contracts for difference: Participation in the preliminary procedure is a prerequisite for funding

Companies can apply for funding in the preliminary procedure for the climate protection contracts program until 1 December 2025. The funding from the Federal Ministry…

29.10.2025 | KPMG Law Insights

Fund Risk Limitation Act and Location Promotion Act create new scope for infrastructure funds

As the federal government’s special infrastructure fund of 500 billion euros will probably not be enough to finance Germany’s roads, networks and the energy transition,…

29.10.2025 | Deal Notifications

KPMG Law advises management board of Nürnberger Beteiligungs-AG on sale to Vienna Insurance Group

KPMG Law Rechtsanwaltsgesellschaft (KPMG Law) provided legal advice to the Management Board of Nürnberger Beteiligungs-AG throughout the entire public takeover process by Vienna Insurance Group…

29.10.2025 | KPMG Law Insights

BAG on pair comparison: How employers should deal with salary differences

The Federal Labor Court (BAG) has issued another landmark decision on equal pay. In its ruling of October 23, 2025 (Ref. 8 AZR 300/24),…

Contact

Henning Brockhaus

Partner

THE SQUAIRE Am Flughafen
60549 Frankfurt am Main

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

© 2024 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