Welcome to our UK site – choose your Jurisdiction

ESMA renews CFD Restrictions

The European Securities and Markets Authority (ESMA) has agreed to renew the restriction on the marketing, distribution or sale of contracts for differences (CFDs) to retail clients, in effect since 1 August, from 1 November 2018 for a further three-month period.

The renewal was agreed by ESMA’s Board of Supervisors on 26 September 2018 and includes renewing the following:

  1. Leverage limits on the opening of a position by a retail client from 30:1 to 2:1, which vary according to the volatility of the underlying:
    30:1 for major currency pairs;
    20:1 for non-major currency pairs, gold and major indices;
    10:1 for commodities other than gold and non-major equity indices;
    5:1 for individual equities and other reference values;
    2:1 for cryptocurrencies;
  2. A margin close-out rule on a per account basis. This will standardise the percentage of margin (at 50% of minimum required margin) at which providers are required to close out one or more retail client’s open CFDs;
  3. Negative balance protection on a per account basis. This will provide an overall guaranteed limit on retail client losses;
  4. A restriction on the incentives offered to trade CFDs; and
  5. A standardised risk warning, including the percentage of losses on a CFD provider’s retail investor accounts.

During its review of the intervention measure, ESMA obtained information that, in certain cases, CFD providers experienced technical difficulties in using the risk warnings due to the character limitations imposed by third party marketing providers. Therefore, ESMA has agreed to introduce in the renewal an additional reduced character risk warning:

[insert percentage per provider] % of retail CFD accounts lose money.

The new warning will be allowed only in cases where the standard terms of a third party marketing provider have a character limit which is lower than the number of characters comprising the full or the abbreviated risk warning, provided that the advertisement also links to a webpage of the provider on which the full risk warning is disclosed.

https://www.esma.europa.eu/press-news/esma-news/esma-renew-restriction-cfds-further-three-months

Why Choose Complyport?

Extensive Regulatory Expertise

With over 25 years of experience in the financial services industry, Complyport offers unparalleled expertise in regulatory compliance, ensuring your firm stays ahead of evolving regulations.

Comprehensive Service Offering

From AML audits to risk management and regulatory reporting, Complyport provides a full spectrum of compliance services, allowing you to streamline your compliance processes and focus on your core business activities.

Tailored Compliance Solutions

We provide bespoke compliance solutions that are specifically designed to meet the unique needs of your business, ensuring that all regulatory requirements are met efficiently and effectively.

Client-Centric Approach

We provide bespoke compliance solutions that are specifically designed to meet the unique needs of your business, ensuring that all regulatory requirements are met efficiently and effectively.

Senior-Level Guidance

Our team of seasoned professionals, including former regulators and industry experts, leads all engagements, offering deep insights and practical advice to help you manage compliance risks effectively.

Innovative Fintech, Regtech and AI Solutions

Leveraging cutting-edge fintech, regtech and AI tools, Complyport enhances your compliance processes with advanced technology, ensuring accuracy, efficiency, and real-time regulatory updates. Our innovative solutions empower your firm to stay compliant while maximising operational efficiency.

Key Figures

Over 25 Years

Providing Compliance Excellence

Over 1,500

Successful FCA and EU Authorisations

Over 1,000

Active Firms Receiving Regulatory Support

Get In Touch