The European Securities and Markets Authority (ESMA) mandates that financial institutions ensure AI tools prioritize client interests under MiFID regulations, emphasizing unwavering accountability.


The European Securities and Markets Authority (ESMA), the EU’s top financial regulator, has reinforced its commitment to client protection by mandating that banks and investment firms using artificial intelligence (AI) must ensure these tools prioritize their clients' best interests. This directive aligns with the EU’s Markets in Financial Instruments Directive (MiFID) securities law, emphasizing legal accountability for protecting consumers.

AI in Financial Services: ESMA’s Directive

On May 30, ESMA released a public statement outlining how financial services companies within the European Union can utilize AI in their operations. The statement stresses that financial institutions will be fully responsible for the actions taken by AI tools, ensuring these technologies do not compromise client interests.

ESMA acknowledges AI's transformative potential in retail investment services, enhancing efficiency and innovation. However, it also warns of the significant impact AI could have on the behavior of financial institutions and the protection of retail investors. The regulator emphasizes that the responsibility for decisions made by AI tools ultimately rests with the firms' management bodies.

Unwavering Commitment to Client Interests

ESMA's directive requires an "unwavering commitment" from financial firms to act in their clients' best interests, regardless of whether decisions are made by human agents or AI tools. This commitment applies to both AI technologies developed in-house and third-party AI services, such as generative AI chatbots like OpenAI’s ChatGPT and Google’s Gemini.

Compliance with MiFID and AI Regulation

While this latest statement from ESMA is separate from the recently passed EU AI Act, it aligns with compliance requirements under MiFID. The EU AI Act is the world’s first comprehensive set of AI regulations, applied across the 27-member-state bloc, underscoring the EU’s proactive stance on AI-related issues.

Broader AI and Blockchain Initiatives

Beyond AI regulation, the EU has taken significant steps to enhance its AI ecosystem and support startups. On May 24, the EU Council agreed on the use of supercomputers to bolster the region’s AI capabilities. Additionally, on May 27, the European Blockchain Observatory and Forum (EUBOF) released a report highlighting the potential integration of blockchain and AI to drive local innovation, particularly in sectors like healthcare and finance where data security is crucial.

ESMA’s directive reinforces the importance of accountability in the use of AI within financial services, ensuring that client interests remain a top priority. As AI continues to evolve and integrate into various sectors, these regulatory measures will play a critical role in safeguarding consumer protection and maintaining trust in financial institutions.


(SAVANNAH FORTIS, COINTELEGRAPH, 2024)