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ESMA Examines Disclosure And Suitability Rules For Retail Investors

by THEFUTURE.TEAM

March 16, 2026

European Securities and Markets Authority published key findings from its 2025 Call for Evidence on retail investment. The consultation examines barriers that limit retail investor participation in EU capital markets. According to ESMA, the feedback will inform future regulatory adjustments aimed at simplifying investment processes.

Enhancing Disclosure Clarity

Stakeholder feedback indicated that investor disclosures are often lengthy and difficult to navigate. Market participants and consumer groups said many documents are not adapted for digital platforms. ESMA said simplifying disclosure formats could help investors better understand investment products and associated risks. The authority also highlighted the importance of clearer, mobile-friendly information.

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Simplifying Suitability Assessments

ESMA also reviewed suitability and appropriateness assessments used when recommending investment products. These checks are designed to ensure products match an investor’s knowledge, experience and risk profile. Several stakeholders said the process can be complex, particularly for simple investment products and digital investment platforms. Regulators said future changes could introduce more proportional requirements.

Clarifying Sustainability Preferences

The report also addressed sustainability preference rules introduced under the Markets in Financial Instruments Directive II. Market participants said these requirements have increased the complexity of investor assessments. ESMA said it is examining ways to simplify how sustainability preferences are incorporated into the investment process.

Collaborative Efforts To Drive Change

Feedback from the consultation will inform ESMA’s technical advice on delegated acts under MiFID II. This work is also linked to the European Union’s Retail Investment Strategy. ESMA Chair Verena Ross said improving the retail investor experience remains a priority. “Enhancing the investor journey is one of ESMA’s flagship projects to facilitate simplification and reduce burden for participants in financial markets,” Ross said. She added that cooperation between regulators, market participants, EU institutions and national governments will be necessary to improve investor access.

Addressing Broader Market Challenges

Stakeholders also highlighted additional barriers affecting retail investment participation. These include limited financial literacy, high fees and difficulties comparing investment products. Cross-border tax rules and low levels of investor trust were also identified as challenges. Feedback from the consultation will support ESMA’s ongoing work on retail investment policy in the European Union.

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Meta’s $18 Billion Settlement Limits State Claims Over Children’s Data

by News Editor

August 28, 2026

Meta’s $18 billion settlement with attorneys general from 29 U.S. states includes a provision limiting future state claims over the company’s use of children’s data for age-assurance systems.

Under the agreement, Meta must develop, train and begin testing a system to identify users under 13 within a year of the settlement taking effect. The company already uses AI-based age-detection tools, although the agreement does not require the new system to use AI.

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States Agree To Limits On Future Claims

The Children’s Online Privacy Protection Act (COPPA) generally restricts the collection and retention of personal data from children under 13. Under the settlement, the 29 state attorneys general agreed not to bring past, present or future claims under COPPA or similar state laws over the specified use of children’s data.

Meta will not be permitted to use information from users under 13 for advertising, marketing or algorithmic optimisation.

Federal Enforcement Remains Unclear

COPPA is primarily enforced by the Federal Trade Commission, which is not a party to the agreement. That leaves open the possibility of separate federal action over how Meta collects or uses children’s data.

Another issue is whether Meta can keep age-assurance data isolated from its other systems. An independent auditor will monitor compliance, but the settlement does not fully specify what data Meta can retain for training, how long it can be stored or whether derived insights can be used elsewhere.

Legal Risks Remain

Joshua Wurtzel, a partner at Schlam Stone & Dolan, said states could still pursue claims if Meta uses the data outside the settlement’s limits. Such cases could depend on how those limits are interpreted.

Peter Jackson, a data and intellectual property attorney at Greenberg Glusker, said the provision could “disincentivize future enforcement actions.”

The agreement gives Meta greater legal certainty around using children’s data for age assurance, but questions remain over federal enforcement, data retention and secondary use.