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News 17/04/19

AFM takes national measures to prohibit binary options and to restrict the marketing or sales of CFDs

The Dutch Financial Markets Authority (AFM) takes national measures mirroring ESMA’s product intervention measures: the AFM will prohibit Binary Options and restrict the marketing, distribution or sale of CFD to retail investors. The measures are effective as of 19 April 2019.

The AFM informed the Dutch market in March on her preparations of national measures with regards to the marketing, distribution or sale of Binary Options and CFDs to retail investors in and from The Netherlands. These measures were published today in the Dutch Staatscourant.

As of 19 April 2019 the marketing, distribution or sale of Binary Options to retail investors in and from The Netherlands is prohibited; the marketing, distribution or sale of CFDs to retail investors in and from The Netherlands is restricted.

These measures are applicable to investment firms based in The Netherlands as well as to investment firms from another EU member state active in The Netherlands trough a branch or by means of the European pass porting regime.  The Dutch national measures mirror the temporary measures from ESMA which are currently active throughout the Union.

It is the first time that the AFM is using the national product intervention powers received through the introduction of MiFID II and MiFIR in early 2018. Other than ESMA’s measures, the AFM’s product intervention measures are permanent and the AFM is one of the first European supervisors to introduce these national measures.

Journalists may contact Nicole Reijnen, AFM Press Officer, on +31 (0)20-797 2815 or nicole.reijnen@afm.nl.

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