ESMA has Issued Guidelines on Marketing Communication
Published 22 October 2021
The purpose of the guidelines is to specify the application of the requirements for marketing communications set out in the Regulation on cross-border distribution of AIFs. Accordingly, marketing communication addressed to investors must be identifiable as such and describe the risks and rewards of purchasing shares of an AIF in an equally prominent manner, and information included in the marketing communications must be fair, clear, and not misleading.
The guidelines apply to all marketing communication addressed to investors or potential investors for AIFs, including amongst others when they are set up as EuVECAs.
The online aspects of marketing communication are considered as well. For instance, the guidelines specify that it must be clear that the communication has a purely marketing purpose. On social media platforms, where such disclaimer does not fit the format and length, the marketing purpose may be identified by the word “#MarketingCommunication”. Also, in case of short marketing communication, such communication shall be as neutral as possible and indicate (by using a link) where more detailed information is available.
Next step: The guidelines are effective from 2 February 2022 and will be updated periodically.
Read our latest article on pre-marketing here.
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