Art. 25(6) of MiFID II Art. 3 of the MiFID II Delegated Regulation
Can the suitability report be made available to the client on the firm’s website, with the client receiving a notification (via email or through any other means of communication) regarding the availability of this document?
Answer 3
Yes. According to Article 25(6) MiFID II, the suitability report has to be provided in a durable medium. In this regard, Recital 82 of MiFID II clarifies that a durable medium may also be in an electronic form. Websites and other media in electronic form are therefore not excluded so long as they fulfil the definition of 'durable medium’ as set out in Article 4(1) point 62 of MiFID II and the requirements set out in Article 3 of the MiFID II Delegated Regulation. As to the possibility for a website to be regarded as being a 'durable medium', reference is also made to the Judgment of the European Court of Justice of 25 January 2017 (Case C-375/15).
Therefore, the suitability report can
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