FCA Takes Swift Action with 146 Alerts in Crypto Marketing Regulatory Rollout
In a significant move aimed at safeguarding consumers and ensuring compliance with the law, the Financial Conduct Authority (FCA) issued a total of 146 alerts within the initial 24 hours of implementing its new crypto marketing regulatory regime.
As of October 8, 2023, any firm wishing to promote crypto assets in the UK is now required, by law, to be authorized or registered by the FCA or have their marketing approved by an authorized entity. This pivotal development brings crypto assets in line with other high-risk investments.
Under the FCA’s new rules, promotions must be clear, fair, not misleading, and must prominently display risk warnings. Incentivizing individuals to invest inappropriately is strictly prohibited. These rules apply to all firms marketing crypto assets to UK consumers, regardless of their location or the technology used for promotion.
It is worth noting that the FCA’s regulatory approach is risk-based, meaning not all potentially concerning firms will be immediately added to the watchlist. However, the FCA plans to continually update the list as it identifies companies that may be illegally promoting crypto assets and failing to cooperate constructively.
The regulatory authority also emphasizes the importance of consumers checking the Warning List before making any investment in crypto assets. The list serves as a vital resource for understanding whether a firm’s promotions may be in violation of the law, allowing consumers to make informed decisions.
The FCA issued a stern reminder to individuals considering crypto asset investments, emphasizing the high-risk nature of such investments and advising them to be prepared for the possibility of losing all invested funds.
The regulatory changes have far-reaching implications, impacting various entities involved in crypto asset promotions. Social media platforms, app stores, search engines, domain name registrars, and payments firms are all expected to consider the alerts issued by the FCA as part of their responsibility in protecting UK consumers from unlawful promotions.
For crypto asset firms, there are four approved routes to lawfully communicate crypto asset promotions in the UK:
- An authorized person communicates the promotion.
- An authorized person approves the promotion.
- A crypto firm registered under the Money Laundering Regulations (MLR) communicates the promotion.
- The promotion adheres to the conditions of an exemption in the Financial Promotion Order.
The FCA has been actively engaging with the industry throughout the year, warning firms since February to prepare for these changes. In addition to extensive communication, the FCA has outlined its expectations for firms to comply with the new rules. Firms that fail to comply will face robust action to remove illegal content, ensuring consumer protection.
The introduction of these new financial promotion rules for crypto asset promotions aligns with the FCA’s three core commitments outlined in the 2023/24 Business Plan: reducing and preventing serious harm, setting and testing higher standards, and promoting competition and positive change in the crypto asset industry.
