The European Securities and Markets Authority (ESMA) has issued a stern warning to investors in the crypto asset market. They will not be protected under European Union (EU) rules until at least December 2024.
Even then, ESMA warns, investors should be prepared to lose all their money.
The EU became the first jurisdiction globally to approve a comprehensive set of rules to regulate crypto asset markets such as Bitcoin. These rules came into force in June but will not be fully implemented until December 2024.
Currently, cryptoassets are not regulated under EU securities rules. ESMA stated that investors will not benefit from any regulatory and supervisory assurance or recourse mechanisms at EU level under the new rules, known as MiCA, until December 2024.
“Even with the implementation of MiCA, retail investors should be aware that there will be no such thing as a 'safe' crypto asset,” the EU watchdog said in a statement. ESMA added that crypto assets are prone to “new operational and security risks”.
However, according to the statement, full protection may not be provided in EU countries that give crypto companies an 18-month transition period to operate without an EU license. This means customers may not be covered until July 2026. ESMA estimates that a significant number of crypto firms will continue to offer their services under these transitional conditions until mid-2026.
Cryptocurrency companies from non-EU countries will be allowed to offer services within the union to customers who specifically request them, but only on a “highly limited” basis.
“Whilst this exemption will be subject to further guidance from ESMA, it should be understood very narrowly and therefore be treated as an exception; and cannot be used or misused to circumvent MiCA,” ESMA said.
*This is not investment advice.
