Conduct of business rules in EU financial services regulation: behavioural rules devoid of behavioural analysis?

This chapter analyses to what extent the EU framework on conduct of business rules - behavioural rules per se - is open towards or incorporates behavioural sciences' insights. Following an overview of the framework in place, it is argued that behavioural sciences'insights can be, yet are not fundamentally, taken into account. Especially the application and enforcement by national jurisdictions seems to leave limited room for behavioural insights to be taken more seriously in this respect.