The UK Financial Conduct Authority (FCA) has announced a ban on the sale of crypto-derivatives and exchange traded notes (ETNs) that reference certain types of crypto-assets (crypto-ETNs) to retail consumers. Firms who carry out marketing, distribution or selling activities in or from the UK of the relevant products to retail clients, will need to comply with these rules by 6 January 2021.

In a letter dated 18 August 2020 to the European Commission, ESMA sets out its recommendations for changes that could be made to the Alternative Investment Fund Managers Directive (AIFMD) framework as part of the Commission’s review of the AIFMD. ESMA recommends changes in 19 areas including harmonising the AIFMD and UCITS regimes; delegation and substance; liquidity management tools; leverage; the AIFMD reporting regime and data use; and the harmonisation of supervision of cross-border entities. Many of ESMA’s recommendations would also require consideration of changes to the UCITS regulatory framework.

The FCA has reopened the notifications window for its temporary permissions regime (TPR). EEA firms and fund managers wishing to use the TPR should notify the FCA by the end of 30 December 2020.

Questions continue to arise over the interplay of the second Payment Services Directive with the General Data Protection Regulation. The European Data Protection Board has published draft guidelines.

On 16 September 2020, Ted MacDonald (Advisor in Wholesale Bank Supervision) and Olivia Fahy (Lead Associate in the Conduct Specialists Department) from the Financial Conduct Authority (FCA) joined experts from Baker McKenzie to discuss the potential conduct and culture challenges of working in the current and post COVID-19 environments.