ONLINE POP UPS TO "AGREE TERMS" NOT ACCEPTABLE - ESMA
Written by Charlie Palmer on 16/01/2021

ONLINE POP UPS TO "AGREE TERMS" NOT ACCEPTABLE -  ESMA

The European Securities and Markets Authority ESMA have questioned the use of online pop-up "I agree" boxes, where clients state that any transaction is executed on the exclusive initiative of the client.

ESMA calls this practice reverse Solicitation.  

Where the seller persuades the buyer to change their approach to the same seller. They refer to this  as “questionable practices” by firms.

“For example, some firms appear to be trying to circumvent MiFID II requirements by including general clauses in their terms of business, or through the use of online pop-up "I agree" boxes, where clients state that any transaction is executed on the exclusive initiative of the client.”

This goes to the heart of compliance.  Namely that disclosure cannot and does not override suitability, that there are no magic bullets available over the counter, and that the truth in the end is what the client actually thinks has just happened, which may not be what actually happened.


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