Abstract:The UK's FCA rolls out stricter crypto ad rules including a cooling-off period for first-time investors and a ban on 'refer a friend' bonuses, aiming to improve consumer safety.
The Financial Conduct Authority (FCA) has announced a new suite of advertising rules for cryptocurrency, effective from 8 October 2023, to better safeguard UK consumers. The new measures include a cooling-off period for first-time investors and a ban on 'refer a friend bonuses, marking a substantial shift in the oversight of crypto promotions.
First-time cryptocurrency investors will now benefit from a mandated cooling-off period. This period will offer them a necessary pause to better understand the risk associated with their investment. Additionally, the FCA has also moved to ban the 'refer a friend bonus, a common incentive offered to attract new investors.
Cryptocurrency firms are now obligated to ensure their customers possess the relevant knowledge and experience to invest in cryptocurrencies. Additionally, they must implement clear risk warnings and ensure all advertisements are clear, fair, and not misleading, enhancing transparency in the industry.
The FCA's latest regulations are in line with recent government legislation aimed at bringing cryptocurrency promotions within the jurisdiction of regulatory bodies. These rules represent the FCAs commitment to secure the best interest of consumers in the rapidly growing, yet volatile, crypto market.
Sheldon Mills, Executive Director of Consumers and Competition at the FCA highlighted the importance of individual responsibility when investing in cryptocurrencies, stating that it was down to people to decide whether to invest or not. However, he acknowledged that many individuals regret hasty decisions and that the new rules would provide investors with adequate time and appropriate risk warnings, empowering them to make informed decisions.
Mills reiterated that cryptocurrencies remain largely unregulated and inherently risky, advising potential investors to be prepared for the possibility of losing their entire investment. He also urged the cryptocurrency industry to brace for these significant changes, mentioning that additional guidance is in progress to help them align with FCA's expectations.
The newly implemented rules come amid a substantial surge in cryptocurrency ownership. Research from the FCA revealed that the estimated cryptocurrency ownership in the UK has more than doubled between 2021 and 2022. Among the 2,000 surveyed individuals, 10% reported owning cryptocurrency.
The approach to cryptocurrency promotion aligns with the FCA's rules introduced last year to mitigate misleading financial advertisements for high-risk investments. These new rules also support the FCAs three primary commitments set forth in their 2023/24 business plan: to reduce and prevent serious harm, set and test higher standards and promote competition and positive change.
The FCA is currently seeking public feedback on supplementary guidelines that aim to further define their expectations of firms advertising cryptocurrency to UK consumers. Stakeholders who wish to contribute to this conversation have until 10 August to submit their responses.
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