Financial Regulatory News
Financial Regulatory News

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MiFID II

MiCAR in Practice: BaFin Issues Guidance on Crypto Services

At the beginning of the year, the German Federal Financial Supervisory Authority (“BaFin“) released a guidance document on crypto-asset services under the new EU Regulation on Markets in Crypto-Assets (“MiCAR“). This regulation has been directly applicable to crypto service providers in the EU since December 30, 2024.

The guidance provides clarifications on the licensing requirements for crypto services and the obligations for providers. Key points include:

  • Definitions of Crypto Services: BaFin specifies which crypto services are subject to licensing and connects these to the well-established investment services under MiFID II.
  • Licensing of Crypto-Asset Service Providers: The guidance includes [...]

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BaFin considers dark patterns in trading apps and trading portals to be unlawful

On November 21, 2022, the German Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht – “BaFin“) clarified in a statement that investment firms are not allowed to use dark patterns in trading apps or trading portals. Against this background, BaFin also published two new FAQs on the conduct of business rules for investment firms.

In BaFin’s opinion, dark patterns in digital decision worlds (“choice architecture“) violate the ban of misleading information and the principle of fairness and are therefore unlawful.

What are dark patterns?

Dark patterns are when individual buttons in apps or on websites have a significantly lower [...]

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