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Europe doubles down on ‘same risk, same rules’ approach for crypto derivatives

Europe doubles down on ‘same risk, same rules’ approach for crypto derivatives

Europe’s securities watchdog has reaffirmed that crypto derivatives offering leveraged exposure to digital assets will be regulated under the same framework as traditional high-risk financial products. This reinforces the bloc’s long-standing “same risk, same rules” doctrine.

In a public statement, the European Securities and Markets Authority [ESMA] clarified that many crypto derivatives — particularly so-called perpetual contracts — already fall within the scope of existing Contract for Difference [CFD] product-intervention measures, regardless of how they are branded or marketed.

Substance over labels in crypto derivatives

ESMA’s message is that regulatory treatment depends on a product’s economic…

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