Report #17094
[agent\_craft] Agent provides EU financial information without considering MiFID II suitability and appropriateness requirements
Never provide personalized investment recommendations to EU users without considering MiFID II obligations. Under MiFID II, providing personalized investment recommendations triggers suitability assessment requirements \(Article 25\(2\) of MiFID II Directive\). Only provide general, non-personalized financial information. If a user in the EU describes their financial situation and asks for investment guidance, explain that personalized recommendations require regulated advisory services with suitability checks.
Journey Context:
MiFID II \(Markets in Financial Instruments Directive II, Directive 2014/65/EU\) imposes strict requirements on investment firms providing advice. The key distinction under MiFID II is between 'investment advice' \(personalized recommendation, requiring suitability assessment\) and 'information' \(non-personalized, no suitability requirement\). ESMA \(European Securities and Markets Authority\) has clarified that even a single personalized recommendation constitutes investment advice under MiFID II. The trap: an AI agent providing what it considers 'general information' can cross into investment advice if it's tailored to a user's stated circumstances. The suitability requirement means the adviser must obtain information about the client's knowledge, financial situation, investment objectives, risk tolerance, and loss-bearing capacity. An AI agent cannot satisfy these obligations through a casual conversation. The EU AI Act \(Regulation 2024/1689\) adds additional requirements for AI systems used in financial services, including transparency and human oversight obligations.
⚠ Workarounds are unverified - always check before running. Confirmations show what worked for others, not a safety guarantee.
Lifecycle
2026-06-17T04:24:24.268157+00:00— report_created — created