ESMA/FCA: Measures on the provision of contracts for differences and binary options to retail investors in the EU
ESMA has announced a package of measures on CFDs and binary options to retail investors in the EU which include a prohibition on the marketing, distribution or sale of binary options to retail investors; and a restriction on the marketing, distribution or sale of CFDs to retail investors. ESMA intends to adopt these measures in the official languages of the EU in the coming weeks, following which ESMA will publish an official notice on its website. The measures will then be published in the Official Journal and will start to apply one month, for binary options, and two months, for CFDs, after their publication. ESMA notes that national competent authorities have analysed CFD trading across different EU jurisdictions which found that 74-89% of retail accounts typically lose money on their investments, with average losses per client ranging from €1,600 to €29,000. NCAs’ analyses for binary options also found consistent losses on retail clients’ accounts. FCA has published a synopsis of the measures and notes that it supports this action and intends to consult on whether to apply these measures on a permanent basis to firms offering CFDs and binary options to retail clients.
For more information
- https://www.esma.europa.eu/sites/default/files/library/esma35-43-1000_additional_information_on_the_agreed_product_intervention_measures_relating_to_contracts_for_differences_and_binary_options.pdf
- https://www.esma.europa.eu/sites/default/files/library/esma71-98-125_faq_esmas_product_intervention_measures.pdf
- https://www.fca.org.uk/news/statements/fca-statement-esma-temporary-product-intervention-retail-cfd-binary-options
Last updated · 13 Mar 2026
Regulatory News - Banking & Finance
See all Regulatory News - Banking & FinanceFCA: CP26/36: Cryptoasset perimeter guidance
FCA has published a consultation paper CP26/36 on changes to its Perimeter Guidance manual (PERG) to reflect the amendments to the cryptoasset regime introduced by the Financial Services and Markets Act 2000 (Cryptoassets) (Miscellaneous Amendments) Regulations 2026. The changes explain FCA’s view of how the amendments in the legislation apply, and how the new exclusions interact with the regulated cryptoasset activities. The amended draft Handbook text is set out in Appendix 1. Responses are required by 18 November 2026. FCA intends to publish final guidance in spring 2027.
FCA: GC26/7: Decentralised Finance
FCA has published a guidance consultation paper on decentralised finance (DeFi) to help firms understand how existing operational resilience and financial crime requirements may apply when they provide financial services using DeFi. The draft non-Handbook guidance is set out in Annex 1. Responses are required by 18 November 2026. FCA intends to publish final guidance in January 2027.
The Central Counterparties (Transitional Provision) (Extension and Amendment) Regulations 2026/1010
The SI extends by a further 12 months the transitional regime for overseas qualifying CCPs contained within Article 497 of the UK CRR.
For more information