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    UK FCA Implements Stricter Rules for Marketing Cryptoassets to UK Consumers


    The Financial Conduct Authority (FCA) in the UK has introduced new rules for marketing cryptoassets to UK consumers. The rules, which will come into effect on October 8, 2023, aim to protect consumers from misleading financial promotions and ensure that only individuals with appropriate knowledge and experience can invest in cryptoassets. The FCA’s policy statement, PS23/6, sets out the financial promotion rules for cryptoassets and imposes restrictions on marketing practices, risk warnings, and cooling-off periods for first-time investors. This article will provide an overview of the new rules and their implications for the crypto industry in the UK.

    Background and Context:

    The FCA’s decision to regulate cryptoasset promotions follows the findings of the Cryptoassets Taskforce, which identified risks posed to consumers due to inadequate awareness of the risks involved in cryptoasset investments. The UK government responded to these concerns by proposing legislative measures to bring certain promotions of cryptoassets within the FCA’s remit. The FCA’s policy statement builds upon the existing rules for high-risk investments and aligns the approach taken with other financial products.

    Key Changes and Restrictions:

    The new rules categorize cryptoassets as “Restricted Mass Market Investments” due to their inherent risks, such as volatility, firm failure, cyber-attacks, and financial crime. Firms can only market cryptoassets to UK consumers through four routes: communication by an authorized person, approval by an authorized person, communication by a cryptoasset business registered with the FCA under the MLRs, or communication in compliance with specific exemptions. Promotions made outside these routes will be in breach of the Financial Services and Markets Act 2000 and subject to penalties.

    To protect consumers, the rules require firms to provide clear risk warnings, including a shortened warning for digital media. Additionally, first-time investors must go through a minimum 24-hour cooling-off period before proceeding with a direct offer financial promotion (DOFP). During this period, firms can conduct other necessary checks and assessments.

    Implications and Stakeholder Response:

    The FCA aims to ensure that consumers investing in cryptoassets understand the risks involved and can afford potential losses. The FCA’s actions align with its goal of reducing the number of consumers with a low-risk tolerance or vulnerability from investing in cryptoassets. However, some stakeholders have raised concerns about the categorization of all qualifying cryptoassets as restricted mass market investments, as it fails to consider variations in risk levels among different types of cryptoassets.

    The introduction of a 24-hour cooling-off period has also raised practical and competitiveness concerns for some industry players. Despite these concerns, stakeholders are urged to pay attention to the FCA’s guidance on fair, clear, and non-misleading cryptoasset promotions and prepare for compliance with the new rules.

    The FCA’s new rules for marketing cryptoassets to UK consumers aim to protect investors and promote responsible investment practices. By requiring appropriate knowledge and experience from consumers, implementing clear risk warnings, and introducing a cooling-off period, the FCA aims to mitigate the risks associated with cryptoasset investments. As the crypto industry continues to grow, stakeholders must adapt to the new rules and ensure compliance to maintain consumer trust and protect against potential penalties and reputational damage.

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