Episode Details

This story was originally published on HackerNoon at: https://hackernoon.com/the-only-defence-esma-accepts-is-technical.
ESMA says disclaimers cannot override facts. The one measure it recognises is technical, and the rest lands on brand architecture and product decisions.
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After the previous issue, the obvious question is what actually works. The usual answer is a banner saying the firm does not serve EU residents, and that is the one answer the ESMA guidelines rule out by name: the assessment is factual, and disclaimers cannot override facts to the contrary. The only measure ESMA puts forward is technical, either not onboarding new EU clients or a real geo-block. The rest lands on design: whether a client can tell which entity of a group they are dealing with, and whether the product records who took the initiative.