The United Kingdom’s Financial Conduct Authority(FCA) has released an official notice asking all crypto asset firms marketing to users to ensure compliance by October 2023. Crypto companies operating within the FCA’s regime have only four routes when it comes to marketing to be compliant with the regulatory body, according to the notice.
Crypto firms need to comply by October
U.K.’s FCA has released letters dated July 4 reminding crypto companies in the region to comply by October 2023 on their marketing guidelines. The financial watchdog outlined four routes companies can lawfully communicate on crypto promotions.
These legal considerations included having a promotion approved or communicated by an authorized party, having a promotion developed by a company registered with the FCA, or having a promotion that is excluded under the Financial Services and Markets Act of the United Kingdom. According to FCA, the promotions include “websites, online ads, mobile apps, and social media posts that could affect the U.K. and are not limited to firms in the country.”
In a LinkedIn post today, Jayson Probin, crypto financial promotions lead at the FCA, mentioned that crypto firms that would not comply would face criminal charges. The FCA notice further emphasized this, saying they would take action when the firms were found illegally promoting in the U.K. Some actions include placing the firm on a warning list demanding takedowns of websites, apps, social media, and all other marketing avenues.
The notice also noted its use of the principle of “same risk, same regulatory outcome” when designing the guidelines, which addresses crypto assets the same way as other high-risk investments. These guidelines involve specific risk warnings added and ensuring that their promotions are fair, accurate, and clear.
The move also supports FCA’s three core commitments for the 2023/24 business plan: preventing and reducing serious harm, bringing higher standards, and bringing about competition and positive change.
U.K. looking to establish a comprehensive crypto asset guideline
The first announcement by the FCA on the deadline happened on June 8. The financial watchdog asked crypto firms to adopt the marketing approach they have set. According to the body, the approach allowed customers to have a cooling-off period whereby they could reflect the risks involved in digital asset investments. When firms applied for the registration, the FCA mentioned it would take up to three months for the consideration to be put through.
Companies dealing with crypto also have to register with the FCA to carry out their operations in the U.K. So far, the FCA has registered 42 crypto firms that have complied with its guidelines, including MoonPay, Revolt, and Bitstamp. The financial watchdog asked Binance Markets Limited to stop its regional operations and issued shutdown or face further action orders for crypto ATMs operating locally.
U.K. lawmakers have been working on a comprehensive crypto asset regulatory framework that will give crypto a more prominent role in the financial sector in the region and promote innovation. In February, his Majesty’s Treasury published a consultation paper for the United Kingdom’s upcoming crypto regulation covering various topics, from NFTs to stablecoins and initial coin offerings (ICOs).
According to the Treasury, there won’t be a separate regulatory system for cryptocurrencies because they will be governed under the Financial Services and Markets Act 2000 (FSMA) of the United Kingdom with the objective of creating a balance between traditional finance and cryptocurrency. The FCA will modify the FSMA’s current standards to suit the digital asset market better. However, unlike traditional finance, crypto exchanges will not be required to report their market data regularly.
