News

The European Securities and Markets Authority (ESMA) has issued new guidance on the use of artificial intelligence (AI) in investment services aimed at retail investors. In this article, you'll gain insight into the new guidelines, the potential and risks of AI, and how companies can ensure responsible use in compliance with MiFID II.

Fund of Funds (FoF) strategies can offer diversified exposure and access to specialized managers, but they also come with an overlooked risk: structural risk. Inadequate due diligence on the underlying fund structures can lead to unforeseen legal, operational, and liquidity challenges that undermine the benefits of diversification. This article explores the structural risks in FoF investments and the opportunities for asset managers to enhance their due diligence processes and ensure a more holistic risk assessment.

The European Securities and Markets Authority (ESMA) and national competent authorities have recently placed increased focus on the requirements established in the Market Abuse Regulation (MAR), which apply when investment recommendations are posted on social media, for example. They also warn about the risks of market abuse associated with posts on social media. We have gathered three key guidelines for you to ensure that the rules are followed.

On 29 June 2023, the first part of the European Parliament and Council Regulation (EU) 2023/1114 on markets for crypto assets (hereinafter MiCA) entered into force. In this update, our banking and finance law specialists take a closer look at the overall distinctions in MiCA. You will also get a summary of the regulation that has now entered into force and the regulation awaiting in 2024 in connection with the remaining parts of MiCA.

On 3 August 2023, the Danish Financial Supervisory Authority disclosed a consultation on the Danish executive order on foreign UCITS’s marketing in Denmark. In this article, you will get an overview of the proposed amendments that may be important to you.

On 24 January 2023, the European Parliament reached a political agreement with the European Commission on the proposed changes to the Directive on Alternative Investment Fund Managers (known as the "AIFM Directive"). The purpose of updating the AIFM Directive ("AIFM II") is to enhance the existing level of investor protection, market efficiency, and supervision of the investment sector in the EU. In this article, Lund Elmer Sandager's banking and finance team examines the political agreement and provides an overview of which of the European Commission's original proposals have been retained and which have been removed from the draft AIFM II directive.

On 18 November 2022, the European Securities and Markets Authority (ESMA) launched a consultation on new guidelines for naming sustainable funds, specifically funds that use ESG or sustainability-related terms. The consultation concluded in February, and in this update, we will take a closer look at the guidelines as they approach final adoption.

DORA (Digital Operational Resilience Act) is a new EU regulation that aims to improve IT security in the EU. The regulation requires companies to have the plan to manage IT security risks and to report serious IT security incidents. The regulation takes effect on 16 January 2023; in this news, we give you an overview.

The so-called RTS 27 reports are to be prepared again starting from February 2023. This is due to the temporary suspension of the reporting obligation that the EU had adopted during the COVID-19 pandemic, which is set to expire. In this article, you will get an overview of the RTS 27 reporting obligation and its significance for the entities covered by it, both now and in the future. You will also receive a brief update on the European Commission's work on the proposed amendments to MiFID II.

We are experiencing more cases of NemID fraud in connection with raising loans. The methods are constantly evolving, and the scammers are becoming more cunning. It places great demands on companies, customers, and lenders if they are to avoid being scammed.

We need women in the legal profession to be able to have the strongest team – also in management. But the trend is for women to leave the industry when they start a family. Fortunately, there are exceptions. Meet Natasja Kristiansen, who is married, a mother of two and an Attorney with an ambition to become a Partner.