Information for the sector 19/04/2023 Slides webinar of the FSMA on 19 April 2023: Regulation on the distribution of virtual currencies to consumers in Belgium(pdf - 1.53 MB) Files Regulation on the distribution of virtual currencies to consumers in Belgium (pdf - 1.53 MB) Newsletter 20/03/2023 Newsletter on the distribution of virtual currencies(pdf - 492.54 KB) Files Newsletter on the distribution of virtual currencies (pdf - 492.54 KB) Legislation Regulations 17/03/2023 Regulation of the Financial Services and Markets Authority placing restrictive conditions on the distribution of virtual currencies to consumers, approved by the Royal Decree of 8 February 2023(pdf - 553.01 KB) Files Regulation of the Financial Services and Markets Authority placing restrictive conditions on the distribution of virtual currencies to consumers, approved by the Royal Decree of 8 February 2023 (pdf - 553.01 KB) Circulars, communications and handbook Communications 20/03/2023 FSMA_2023_05 Guide to the prior notification to the FSMA of advertisements for virtual currencies as part of a mass media campaign(pdf - 682.54 KB) Files Guide to the prior notification to the FSMA of advertisements for virtual currencies as part of a mass media campaign (pdf - 682.54 KB) Attachment(s) Notification form (xlsx - 109.28 KB) 22/11/2022 FSMA_2022_25 Classification of crypto-assets as securities, investment instruments or financial instruments(pdf - 666.83 KB) Files Classification of crypto-assets as securities, investment instruments or financial instruments (pdf - 666.83 KB) Questions and answers (FAQ) FAQ about crypto 1. The Regulation is intended for advertisements that are disseminated among consumers when distributing virtual currencies in Belgium. What is understood by distribution? 2. Does the Regulation apply only to persons whose professional activity consists chiefly of distributing virtual currencies for remuneration? 3. When do we speak of distribution within Belgian territory? 4. What comes under the category of advertisements within the meaning of the Regulation? 5. Does the Regulation apply to advertisements for reputation marketing? 6. What are virtual currencies? 7. Does the Regulation apply to the distribution of virtual currencies that are investment instruments? 8. Who is a consumer within the meaning of the Regulation? 9. The Regulation stipulates that advertisements must be 'clearly recognizable as such'. What does that mean? 10. Can I change the contents of the mandatory risk warning? 11. In what cases may an advertisement include a reference to the extended risk warning? 12. What if the short warning and the link to the extended warning cannot be included in a short advertisement? 13. How does the FSMA supervise compliance with the Regulation? 14. Do the advertising rules apply only in the case of a mass media campaign? 15. How is the threshold of 25,000 consumers determined if the same advertisement is disseminated via various social media channels? 16. To what kinds of advertisements does the transitional regime apply and what does it consist of? 17. Does the obligation to retain the contracts entered into for the dissemination of advertisements apply only when the latter are distributed as part of a mass media campaign? 18. What is covered by the obligation to retain the contracts entered into for the dissemination of advertisements? 19. What happens if the FSMA identifies an infringement of the Regulation? 20. What is the impact of MiCA on the Regulation?
