The Consob has issued a notice concerning compliance with the ESMA Guidelines on certain aspects of the MiFID II suitability requirements (ESMA35-43-3172). These guidelines, published by the European Securities and Markets Authority (ESMA) on April 3, 2023, were introduced to provide clarity for operators on regulatory changes, particularly in regard to the integration of sustainability considerations into suitability assessments for investment advisory and portfolio management services.
The Guidelines are also available on Consob’s institutional website in Italian, along with the full text of the „Final report“ in English.
The guidelines aim to ensure consistent application of MiFID II suitability requirements, particularly when providing robo-advice, with the objective of strengthening investor protection and enhancing compliance with regulatory standards. Consob, in accordance with the ESMA Regulation, has adopted these guidelines into its supervisory practices. Therefore, as of 3 October 2023, intermediaries under Consob’s supervision are obligated to comply with the ESMA Guidelines.