FCA Issues New Guidance for Crypto Advertising: Key Takeaways and Compliance Insights

The Financial Conduct Authority (FCA), the UK’s financial regulator, has recently issued a new round of guidance aimed at tightening control over how cryptocurrency companies advertise their services. This move follows the regulatory framework established in October 2023 and reflects the FCA’s ongoing commitment to ensuring transparency and integrity in the cryptocurrency market.

Increased Scrutiny and Compliance Checks

The FCA has been actively monitoring how crypto companies adhere to the new promotional rules. This has involved scrutinizing various firms, requesting detailed information, and conducting site visits to assess compliance. The regulator’s focus is on ensuring that companies maintain high standards in their advertising practices and customer data management.

Recording Customer Journey Data

One of the key requirements under the new rules is for companies to record specific customer journey data. This involves tracking how customers interact with their platforms, from initial engagement to transaction completion.

Key Observations:

• Detailed Data Collection: Leading companies are capturing extensive data during the onboarding process and using it to analyze customer behavior, such as purchase volumes and asset types. This data-driven approach helps identify areas for improvement and enhance customer experience.
• Implementation Challenges: Despite the progress, not all companies are leveraging this data effectively. Some struggle with data management, failing to use it to inform decision-making or improve customer interactions.

Companies are expected to integrate this data into their reporting mechanisms, including at the board level, to ensure ongoing compliance and make necessary improvements.

Due Diligence on Cryptocurrencies

Due diligence remains a cornerstone of the FCA’s promotional regime. The guidance outlined in FG23/3 emphasizes the need for thorough checks before promoting any cryptocurrency or service.

Best Practices:

• Comprehensive Risk Assessment: Top-performing companies conduct in-depth evaluations, going beyond the FCA’s basic requirements. They develop their own risk taxonomies and assess various factors, including consumer protection, financial crime risks, and operational stability.
• Thorough Review Process: The most diligent companies involve specialist teams to review smart contract codes and assess network stability. They also evaluate cryptocurrencies against a broad range of criteria, including environmental, social, and governance (ESG) factors.

Common Pitfalls:

• Narrow Focus: Some companies concentrate too much on whether a cryptocurrency is classified as a security in other jurisdictions rather than adhering to UK-specific regulations.
• Inadequate Verification: Reliance on public information such as white papers and news services is common, but the best firms supplement this with on-chain data, off-chain information, and insights from third-party specialists.

The FCA underscores that due diligence should be an ongoing process. Companies must continuously review and reassess the cryptocurrencies they promote to ensure they remain compliant with regulatory standards and mitigate emerging risks.

Conclusion

The FCA’s new guidance highlights the increasing importance of rigorous compliance and due diligence for cryptocurrency companies operating in the UK. By emphasizing detailed customer data tracking and comprehensive due diligence practices, the FCA aims to foster a more transparent and accountable crypto market. Companies that excel in these areas are likely to not only meet regulatory expectations but also gain a competitive edge in the evolving landscape of cryptocurrency promotions.

August 2024, Cryptoniteuae