Briefing: Public Hearing on the Consultation Paper and Draft RTS on ESG Disclosures

On 2 July 2020, the three European Supervisory Authorities (ESAs) held a public hearing to explain and discuss the content of the Consultation Paper and Draft RTS with regard to the content, methodologies and presentation of disclosures to be made pursuant to Regulation (EU) 2019/2088 (Disclosures Regulation) published by the ESAs on 23 April 2020. The format of the hearing was a brief presentation on each of the following topics (available here), followed by Q&A sessions. Read more

Webinar: Brexit: Financial Services – Update and preparations for no-deal

With UK/EU deal negotiations in the balance and a no-deal scenario still possible, a panel of experts from Herbert Smith Freehills, the Financial Conduct Authority and McCann FitzGerald (for the Ireland perspective) will review the current state of play on Brexit and what comes next for the regulation of cross-border financial services. Read more

MiFID II: ESMA guidance on compliance function requirements

ESMA published, on 5 June 2020, new final guidelines on certain aspects of the compliance function requirements under the recast Markets in Financial Instruments Directive (MiFID II)[1]. The new guidelines replace those issued in 2012, and have been updated in accordance with MiFID II requirements - specifically article 16(2) of MiFID II and article 22 of the MiFID II Delegated Regulation[2]. Read more

IOSCO proposes updated Outsourcing Principles as Covid-19 drives operational resilience to the top of the agenda

This post gives a high level summary of the International Organization of Securities Commissions' (IOSCO's) consultation on proposed updates to the 2005 Outsourcing Principles for Market Intermediaries and the 2009 Outsourcing Principles for Markets, and includes a link to our briefing that focuses in more detail on: the scope of application; IOSCO’s definition of outsourcing; intragroup arrangements; concentration risk; and access and audit rights. Read more

Will CBDCs be the public sector response to GSCs in the UK and EU?

As consumers use cash to make payments less frequently, and fintech firms offer new forms of money and new ways to make payments, central banks globally are considering how they should respond and whether they too should innovate to meet new payment needs in an increasingly digital economy. Read more

COVID-19: Temporary bans on short selling in the EU come to an end

Those national regulators in the EU which had put in place temporary restrictions on any short selling of securities admitted to trading on regulated markets in their jurisdictions have all confirmed that the prohibitions will not be extended. However, firms should be aware that ESMA’s temporary lower net short reporting threshold will remain in force … Read more