ESMA Marketing Communication Guidelines come into force today

The ESMA Guidelines on marketing communications under the Regulation on cross-border distribution of funds apply from today, Wednesday, 2 February 2022.

Fund managers who have not already done so should review their marketing communications for compliance with the Guidelines.

For most fund managers, the Guidelines will have a significant impact on the following aspects of marketing communications:

• • how past performance is shown;

• • how and where risk disclosures are made;

• • the terminology that may be used;

• • the language or languages in which marketing communications are made.

In addition, the Guidelines have for the first time at European level set out explicit requirements for websites and social media posts.

How Can Zeidler Group assist?

Zeidler Group can assist fund managers by helping to identify marketing communications that are in scope of the Guidelines and reviewing marketing communications for compliance with the Guidelines.

For additional guidance on this matter, please get in touch. Email your query to [email protected].

Listen to Robert Boyle’s detailed synopsis of the  ESMA Marketing Communication Guidelines and how the Guidelines will impact marketing communications via our Legal Zeidgeist podcast.