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Draft Implementation Act Review MiFID II and MiFIR published for consultation

By Floortje Nagelkerke (NL) & Julia van der Grint on October 21, 2025
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On 20 October 2025, the draft Implementation Act regarding the review MiFID II and MiFIR (Implementatiewet herziening richtlijn markten voor financiële instrumenten 2014, the Draft Implementation Act) was published for public consultation.

The Draft Implementation Act transposes the amended Markets in Financial Instruments Directive (MiFID II) into the Act on the Financial Supervision (Wet op het financieel toezicht, the AFS) and implements certain changes resulting from the amended Markets in Financial Instruments Regulation (MiFIR).

The Draft Implementation Act transposes the following key changes:

  1. Scope for systematic internalisers

The definition of ‘systematic internalisers’ (SIs) is amended to include qualitative criteria rather than quantitative criteria. Under the MiFIR review, SIs are excluded from the transparency requirements for financial instruments that are not equity instruments. As a result, the qualitative criteria now apply solely to the internal handling of equity instruments. Investment firms may still choose to apply the rules for SIs voluntarily, even if they do not meet the qualitative criteria.

  1. Scope for entities trading on own account

The scope for entities trading on own account is clarified to indicate that non-financial entities that (i) trade on own account for the purpose of liquidity management or to limit risks directly related to their commercial activities or cash management activities, and (ii) have access to a trading platform through Direct Electronic Access (DEA) are exempted from the AFS. Such entities cannot be market makers, execute client orders or use high-frequency trading techniques. DEA may only be provided by licensed investment firms, banks or market operators, which must ensure that their clients using DEA comply with certain requirements following from MiFID.

  1. Consolidated tape

Investment firms and market operators must comply with certain quality requirements regarding the data they provide to consolidated tape providers (CTPs). This ensures that CTPs have access to relevant, up-to-date and high-quality trading data on an ongoing basis.

  1. Periodic reports on the execution of client orders

Investment firms will no longer be required to periodically provide information about their order execution policy on an ongoing basis. These periodic reports allowed clients to determine how the investment firm complied with its best execution obligation. In practice, clients only rarely used such periodic reports. With the consolidated tape being available, soon, clients will be able to obtain insight into the quality of the order execution policy via the consolidated tape.

  1. Limiting market volatility

Trading platforms have to comply with requirements regarding mechanisms aimed at limiting excessive market volatility including the ability to temporarily suspend or restrict trading. The Draft Implementation Act provides that trading platforms must also be able to activate such mechanisms in the event of an emergency, even before significant volatility has occurred. Market operators must publish information about these mechanisms on its website. The AFM may take measures to restore the orderly functioning of the markets if a market operator does not adequately apply these mechanisms.

  1. Transparency for energy derivatives and emission allowance derivatives

Market participants have expressed a greater need for adequate information relating to energy derivatives and instruments derived from emission allowances. The Draft Implementation Act introduces additional reporting requirements for these instruments.

Market parties are invited to respond to the Draft Implementation Act by 16 November 2025.

Photo of Floortje Nagelkerke (NL) Floortje Nagelkerke (NL)
Read more about Floortje Nagelkerke (NL)Email
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.

Read more about Julia van der GrintEmail
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  • Posted in:
    Banking, Finance and Securities
  • Blog:
    Global Regulation Tomorrow
  • Organization:
    Norton Rose Fulbright
  • Article: View Original Source

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