On 14 December 2023, the European Securities and Markets Authority (ESMA) issued a Discussion Paper on MiFID II investor protection topics linked to digitalisation.

The deadline for comments on the Discussion Paper is 14 March 2024.

ESMA states that it will use the feedback to the Discussion Paper to develop a position on the use of digital engagement practices, such as gamification, as well as on the use of marketing practices (including social media and affiliates) by firms, and to assess whether a regulatory response may be needed.