A service should be considered to be provided at the initiative of a client unless the client demands it in response to a personalised communication from or on behalf of the firm to that particular client, which contains an invitation or is intended to influence the client in respect of a specific financial instrument or specific transaction. A service can be considered to be provided at the initiative of the client notwithstanding that the client demands it on the basis of any communication containing a promotion or offer of financial instruments made by any means that by its very nature is general and addressed to the public or a larger group or category of clients or potential clients.
◷
New version applies from 01/07/2016 — introduced by Directive (EU) 2016/1034.
202 provisions change.
Later versions: 01/10/2018, 31/12/2019, 26/03/2020, 26/06/2021, 10/11/2021, 01/01/2022, 28/02/2022, 23/03/2023, 09/01/2024, 28/03/2024, 17/01/2025, 06/06/2026.
Recital 85 changes in this version: compare with the current text.