Overview
- In a Feb. 24 statement, ESMA said many perpetual contracts offered to retail investors qualify as CFDs under EU law.
- Classification triggers leverage limits, standardized risk warnings, margin close-out thresholds, negative balance protection, and a ban on incentives.
- Firms must define a narrow target market, run appropriateness checks, curb mass‑market promotions, manage conflicts of interest, and prepare PRIIPs Key Information Documents for retail distribution.
- ESMA emphasized that a product’s commercial name is irrelevant, with cash‑settled crypto derivatives assessed on economic substance for compliance.
- The notice is a reminder rather than a new rule, following rapid growth in perpetual trading with DeFi volumes reported near $1.2 trillion monthly by end‑2025 and EU venues expanding retail offerings such as One Trading.