Wu Says learned that the European Securities and Markets Authority (ESMA) issued a statement clarifying that many event contracts in prediction markets, if they meet the definition of financial instruments, are already subject to the EU’s ban on binary options for retail investors, which has been in effect since 2018. ESMA stated that whether a contract qualifies as a financial instrument depends on its characteristics, not its marketing method, and event contracts with binary outcomes and fixed returns are likely to fall within the regulatory scope. ESMA emphasized that this statement does not introduce new restrictions but reaffirms existing regulatory requirements amid the rapid development of prediction markets; even if such products are offered only to professional or institutional clients, they must still comply with the authorization requirements under MiFID II.

View Original
This page may contain third-party content, which is provided for information purposes only (not representations/warranties) and should not be considered as an endorsement of its views by Gate, nor as financial or professional advice. See Disclaimer for details.
  • Reward
  • 4
  • 2
  • Share
Comment
Add a comment
Add a comment
0xLateCoffee
· 11h ago
The authorization threshold for MiFID II is not low, making it basically impossible for small teams to be compliant and enter the European market.
View OriginalReply0
GateUser-cf218ace
· 12h ago
ESMA's cut is precise, making it even harder for platforms like Polymarket to operate in Europe.
View OriginalReply0
MemeFisher
· 12h ago
Got it, it's not a new ban, but an expanded interpretation of the scope of application of the old framework, yet it is equally devastating.
View OriginalReply0
GateUser-6bc62511
· 12h ago
The binary options ban has been in place since 2018. Now it's just explicitly including prediction markets, squeezing regulatory arbitrage space.
View OriginalReply0
  • Pinned