Skip to the text
In this act Article 8 of 32
Text as of 26 Oct 2026 · Commission Delegated Regulation (EU) 2025/1143, OJ L, 2025/1143, 3.11.2025 · Same wording as today’s text.Today’s text

Article 8 — Conflicts of interest (Article 27g(3) and Article 27i(2) of Regulation (EU) No 600/2014)

Financial servicesLevel 2RTSMiFIRIn forceOfficial source

8(1)

1.An APA or ARM shall operate and maintain effective administrative arrangements, designed to prevent conflicts of interest with clients using its services to meet their regulatory obligations and other entities purchasing data from the APA or ARM. Such arrangements shall include policies and procedures for identifying, managing and disclosing existing and potential conflicts of interest and shall contain:

Copy link
8(1)(a)
(a)an inventory of existing and potential conflicts of interest, setting out their description, identification, prevention, management and disclosure;
Copy link
8(1)(b)
(b)the separation of duties and business functions within the APA or ARM including:
Copy link
8(1)(b)(i)
(i)measures to prevent or control the exchange of information where a risk of conflicts of interest may arise;
Copy link
8(1)(b)(ii)
(ii)the separate supervision of relevant persons whose main functions involve interests that are potentially in conflict with those of a client;
Copy link
8(1)(c)
(c)a description of the fee policy for determining fees charged by the APA or ARM and undertakings to which the APA or ARM has close links;
Copy link
8(1)(d)
(d)a description of the remuneration policy for the members of the management body and senior management;
Copy link
8(1)(e)
(e)the rules regarding the acceptance of money, gifts or favours by staff of the APA or ARM and its management body.
Copy link
8(2)

2.The inventory of conflicts of interest as referred to in paragraph 1, point (a) shall include conflicts of interest arising from situations where the APA or ARM:

Copy link
8(2)(a)
(a)may realise a financial gain or avoid a financial loss, to the detriment of a client;
Copy link
8(2)(b)
(b)may have an interest in the outcome of a service provided to a client, which is distinct from the client’s interest in that outcome;
Copy link
8(2)(c)
(c)may have an incentive to prioritise its own interests or the interest of another client or group of clients rather than the interests of a client to whom the service is provided;
Copy link
8(2)(d)
(d)receives or may receive from any person other than a client, in relation to the service provided to a client, an incentive in the form of money, goods or services, other than commission or fees received for the service.
Copy link