Mandate addiction detection and consumer protection in EU retail financial trading

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The Issue

1. Objective
I call upon the European Commission, the European Parliament, the Council of the European Union, and the European Securities and Markets Authority (ESMA)  to propose a legislative amendment to the Markets in Financial Instruments Directive (MiFID II) and the Markets in Financial Instruments Regulation (MiFIR).

I demand the introduction of a mandatory, EU-wide framework requiring retail financial brokers—especially those offering highly speculative, leveraged, or gamified instruments (such as CFDs, crypto-assets, and options)—to implement active addiction detection and prevention systems.

2. The Regulatory Gap in EU Consumer Protection
While the EU prides itself on robust consumer safety laws, a dangerous regulatory blind spot exists between financial markets and digital gambling:

The "Gamification" Loophole: Modern retail trading apps operating in the Single Market utilize behavioral design tactics (e.g., predatory push notifications, social trading feeds, streaks) that mimic the dopamine triggers of online gambling.

Inadequate Static Defenses: Current MiFID II protections rely heavily on suitability and appropriateness assessments during onboarding. These static questionnaires do not protect a citizen when they fall into a compulsive, self-destructive trading spiral after the account is opened.

Inconsistent Standards: While the EU’s Digital Services Act (DSA) targets dark patterns, and EU recommendations urge strict addiction monitoring in online gambling, retail financial brokers are entirely exempt from monitoring compulsive customer behavior.


3. Key Legislative Demands 
I petition the European institutions to introduce a harmonized EU regulation mandating:

  • EU-Wide Algorithmic Early-Detection Standards: ESMA must develop Technical Standards (RTS) requiring brokers to deploy automated screening. These systems must flag EU citizens showing behavioral signs of trading addiction, such as "loss-chasing" trading velocity, erratic late-night orders, and escalating deposit frequencies.
  • Harmonized EU Self-Exclusion Registry (Cross-Broker Ban): Creation of a centralized, secure European registry allowing retail investors to voluntarily self-exclude from all EU-licensed brokerage platforms simultaneously with a single request.
  • Mandatory European Escalation Protocol: If a broker's algorithm triggers an addiction alert, the platform must execute a legally defined intervention path:
    • Instant, friction-inducing "cooling-off" periods (e.g., a mandatory 48-hour trade freeze).
    • Mandatory display of standardized EU risk warnings and self-test questionnaires. 
    • Direct referral to certified national addiction support helplines.
  • Strict Bans on Predatory Gamification: Expanding MiFID II conduct rules to strictly prohibit "dark patterns" designed to induce impulsive trading, including celebratory visual rewards (e.g., virtual confetti), leaderboard rankings, and aggressive notification algorithms.


4. Conclusion
The EU Single Market cannot allow financial speculation platforms to function as unregulated digital casinos. When financial technology is engineered to exploit human psychology, or where gambling addicted persons are vulnerable need protection, the law must evolve to protect its citizens. I urge the European Parliament and ESMA to close this loophole, alignment financial retail protection with the highest standards of European public health and consumer safety.

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Baki A.Petition Starter

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