Requirement (MIFID)
Article 3 Conditions applying to the provision of information
Requirements MIFID - DIRECTIVE 2006/73/EC
Description
Description
1. Where, for the purposes of this Directive, information is
required to be provided in a durable medium, Member States
shall permit investment firms to provide that information in a
durable medium other than on paper only if:
(a) the provision of that information in that medium is
appropriate to the context in which the business between
the firm and the client is, or is to be, carried on; and
(b) the person to whom the information is to be provided,
when offered the choice between information on paper or
in that other durable medium, specifically chooses the
provision of the information in that other medium.
2. Where, pursuant to Article 29, 30, 31, 32, 33 or 46(2) of
this Directive, an investment firm provides information to a
client by means of a website and that information is not
addressed personally to the client, Member States shall ensure
that the following conditions are satisfied:
(a) the provision of that information in that medium is
appropriate to the context in which the business between
the firm and the client is, or is to be, carried on;
(b) the client must specifically consent to the provision of that
information in that form;
(c) the client must be notified electronically of the address of
the website, and the place on the website where the
information may be accessed;
(d) the information must be up to date;
(e) the information must be accessible continuously by means
of that website for such period of time as the client may
reasonably need to inspect it.
3. For the purposes of this Article, the provision of
information by means of electronic communications shall be
treated as appropriate to the context in which the business
between the firm and the client is, or is to be, carried on if there
is evidence that the client has regular access to the internet. The
provision by the client of an e-mail address for the purposes of
the carrying on of that business shall be treated as such evidence.