{"title":"机器人咨询服务和投资者保护","authors":"Reinhard Steennot","doi":"10.1080/17521440.2022.2153610","DOIUrl":null,"url":null,"abstract":"ABSTRACT Technological advancement has created the possibility of providing investment advice and managing funds without any, or with only limited, human intervention (so-called robo-advice). In this paper, it is argued that robo-advisory services offer additional protection to retail investors since they – contrary to execution only services provided by online brokers – require a suitability test. However, robo-advice also creates certain risks, in particular because of the lack of personal contact and the use of algorithms. Therefore, financial intermediaries offering robo-advisory services must clearly explain the concept of robo-advice, ask clear and sufficient questions, ensure their algorithms provide suitable advice and provide clear, comprehensible and not-misleading information. As far as enforcement is concerned, financial supervisors must be able to verify the algorithms used and retail investors suffering damages because of unsuitable investment advice must be entitled to compensation, without having to prove that the algorithm was flawed.","PeriodicalId":43241,"journal":{"name":"Law and Financial Markets Review","volume":"15 1","pages":"262 - 277"},"PeriodicalIF":0.0000,"publicationDate":"2021-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Robo-advisory services and investor protection\",\"authors\":\"Reinhard Steennot\",\"doi\":\"10.1080/17521440.2022.2153610\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"ABSTRACT Technological advancement has created the possibility of providing investment advice and managing funds without any, or with only limited, human intervention (so-called robo-advice). In this paper, it is argued that robo-advisory services offer additional protection to retail investors since they – contrary to execution only services provided by online brokers – require a suitability test. However, robo-advice also creates certain risks, in particular because of the lack of personal contact and the use of algorithms. Therefore, financial intermediaries offering robo-advisory services must clearly explain the concept of robo-advice, ask clear and sufficient questions, ensure their algorithms provide suitable advice and provide clear, comprehensible and not-misleading information. As far as enforcement is concerned, financial supervisors must be able to verify the algorithms used and retail investors suffering damages because of unsuitable investment advice must be entitled to compensation, without having to prove that the algorithm was flawed.\",\"PeriodicalId\":43241,\"journal\":{\"name\":\"Law and Financial Markets Review\",\"volume\":\"15 1\",\"pages\":\"262 - 277\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-10-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Law and Financial Markets Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/17521440.2022.2153610\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Law and Financial Markets Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17521440.2022.2153610","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
ABSTRACT Technological advancement has created the possibility of providing investment advice and managing funds without any, or with only limited, human intervention (so-called robo-advice). In this paper, it is argued that robo-advisory services offer additional protection to retail investors since they – contrary to execution only services provided by online brokers – require a suitability test. However, robo-advice also creates certain risks, in particular because of the lack of personal contact and the use of algorithms. Therefore, financial intermediaries offering robo-advisory services must clearly explain the concept of robo-advice, ask clear and sufficient questions, ensure their algorithms provide suitable advice and provide clear, comprehensible and not-misleading information. As far as enforcement is concerned, financial supervisors must be able to verify the algorithms used and retail investors suffering damages because of unsuitable investment advice must be entitled to compensation, without having to prove that the algorithm was flawed.
期刊介绍:
The Law and Financial Markets Review is a new, independent, English language journal devoted to providing high quality information, comment and analysis for lawyers specialising in banking and financial market issues and to others with interests in legal and regulatory developments affecting the financial markets. Published four times a year LFMR contains articles written by leading experts providing a forum for practical guidance on, as well as reflective and topical analysis of, all major jurisdictions, with a particular focus on the interaction between the law and market practice and behaviour.