In March 2023, the Dutch Authority for the Financial Markets (Autoriteit Financiële Markten, the AFM) published its latest issue of Market Watch, a periodical newsletter on current topics and developments in the capital markets. This issue of Market Watch focuses on algorithmic trading, a topic that the AFM has been particularly focussed on recently. The Market Watch sets out the terminology related to algorithmic trading, provides insight on algorithmic trading on the Dutch capital markets and describes the benefits and risks associated with algorithmic trading.

Among other things, the AFM explains the difference between execution algorithms and trading algorithms. An execution algorithm executes an order, but does not take the trading decision itself, whereas a trading algorithm can be programmed to take this decision. A term that should be distinguished from these algorithms, but that is associated with algorithmic trading, is High Frequency Trading (HFT), which concerns a technique whereby a large number of orders is executed extremely fast.

The AFM also observes that about 75% of transactions taking place on Dutch trading venues are algorithmic trades. The majority of these trades are carried out by non-Dutch firms, mostly those based in Germany, Ireland, France, the United Kingdom and Spain. Such firms include (investment) banks, proprietary firms and brokers.

In addition, the AFM identifies that on the one hand, algorithmic trading, by reducing the spreads of financial instruments, has made it easier and cheaper for investors to buy and sell financial instruments, while preventing the occurrence of human errors. On the other hand, algorithmic trading is associated with certain risks. For example, firms may not be able to control or explain the behaviour of algorithms developed by them and to ensure that these algorithms are orderly and behave as intended. Trading algorithms may (unintentionally) learn how to manipulate the market and may affect the market quality when interacting with other algorithms.

The AFM concludes that algorithmic trading has been rapidly developing. This will be closely monitored by the AFM, in cooperation with ESMA, other supervisory authorities, scientist and market participants. The Market Watch is available here.

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Photo of Nikolai de Koning Nikolai de Koning

Nikolai de Koning is a financial services lawyer (advocaat) based in Amsterdam. Nikolai is experienced in financial services and banking law, as well as in data privacy (protection). He is experienced in advising on regulatory and compliance aspects relevant to financial…

Nikolai de Koning is a financial services lawyer (advocaat) based in Amsterdam. Nikolai is experienced in financial services and banking law, as well as in data privacy (protection). He is experienced in advising on regulatory and compliance aspects relevant to financial institutions, such as insurance companies, investment firms, clearing institutions and central counterparties. Nikolai also advises on Dutch licence and notification requirements and he assists companies in their licence or notification processes with the Dutch financial regulators. He also specialises in privacy issues arising out of online products, data protection and e-commerce.

Photo of Julia van der Grint Julia van der Grint

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement…

Julia van der Grint is a financial services lawyer based in Amsterdam.

She advises clients on a wide range of regulatory and compliance aspects relevant to financial institutions, such as investment firms, trading platforms, payment institutions, insurers, fund managers and clearing and settlement institutions. Julia has developed particular knowledge of blockchain and cryptocurrencies, and advises crypto-asset services providers, crypto exchanges, payments providers and financial institutions on the regulatory issues related to the deployment of these technologies. She also advises on Dutch licence application and notification requirements and assists companies in their licence or notification processes with the Dutch Authority for Financial Markets and the Dutch Central Bank. Additionally, she assists companies in their contacts with these supervisory authorities and represents companies in enforcement procedures.

In addition, she has previously advised banks, other financial institutions and corporates in an array of transactions, both domestic and cross-border. This includes, among others, advising lenders and lender-groups in corporate restructurings and other insolvency related matters.

Prior to joining the team as an associate, Julia gained experience with the Amsterdam office as a student worker.