Yesterday BaFin announced that it will apply the ESMA guidelines on marketing advertisements in its administrative practice.
The guidelines were published in the German translation on 02/08/2021 and, according to the EU Commission, will apply six months after the publication of the translation in all official languages, i.e. on 02/02/2022.
BaFin now seems to prefer an earlier application.
The guidelines contain extensive specifications on requirements for marketing advertisements for UCITS and AIFs, which supplement the already existing regulations. Particularly exciting are the requirements on advertising with sustainability topics (No. 6.5. of the guidelines) and the related question of what is still permitted in marketing.
You can find out more about the guidelines here on the website of the Federal Financial Supervisory Authority (BaFin).
If you have any questions, please do not hesitate to contact us.