ESMA updates Questions and Answers on ESMA’s temporary product intervention measures

On 9 November 2018, the European Securities and Markets Authority (ESMA) updated its Questions and Answers on ESMA’s temporary product intervention measures on the marketing, distribution or sale of CFDs and binary options to retail clients based on Article 40 of Regulation (EU) No 600/2014 (the Markets in Financial Instruments Regulation, MiFIR).

The Q&A provides clarification on the application of the temporary product intervention measures in relation to the prominence of the risk warning (Question 5.13) and further clarifies what is considered “payments for the purpose of entering into a CFD” (Question 5.2).

The purpose of this document is to promote common, uniform and consistent supervisory approaches and practices in the day-to-day application of ESMA’s temporary product intervention measures on the marketing, distribution or sale of CFDs and binary options to retail clients. It aims at market participants.

Next steps

ESMA will continue to monitor this Q&A on ESMA’s temporary product intervention measures on the marketing, distribution or sale of CFDs and binary options to retail clients in the coming months and will review and update them where required.