Cryptoassets and the FCA: What You Need to Know About Marketing Rules in the UK

“In the Age of Aquarius, truth and transparency aren’t optional—they’re essential.”

As the financial services landscape rapidly evolves, one of the most significant regulatory developments in recent years is the UK Financial Conduct Authority’s approach to cryptoassets, particularly in the area of marketing and consumer protection.

Whether you’re a financial professional, a coach, or a self-directed investor, understanding where the regulatory perimeter lies is critical—especially if you talk about Bitcoin or other digital assets in public, educational, or commercial settings.

📜 The Legal Context: When Crypto Becomes a Regulated Activity

Since 8 October 2023, the promotion of qualifying cryptoassets to UK consumers has been explicitly brought within the financial promotions regime under the Financial Services and Markets Act 2000 (FSMA).

That means:

🚨 It is a criminal offence to communicate a cryptoasset promotion to a UK consumer unless one of the following applies:

The communicator is FCA-authorised,

The content is approved by an FCA-authorised firm,

The firm is registered under AML rules for cryptoasset business, or

The promotion qualifies for a narrow legal exemption (e.g., high net-worth individuals or corporate communications).

This applies to any form of promotion—including websites, webinars, social media posts, newsletters, podcasts, or emails—regardless of where the firm is based, if UK consumers are in scope.

🛣️ The “Pathway to Promotion”: The Hidden Risk

Even if you’re not directly offering cryptoassets, you might still be inside the regulatory net. The FCA has made it clear that indirect promotions, sometimes referred to as “pathway promotions”, are also caught under regulation.

For example:

If you educate financial advisers on how to speak to clients about Bitcoin,
Or if you encourage others to share crypto knowledge in a way that may lead to a client investment,
Then you may be part of a regulated promotional chain—and require appropriate permissions or approvals.

This concept is covered in FCA Policy Statement PS23/6 and Guidance Consultation GC23/1, which confirm that even education or thought leadership content can become a financial promotion if it is likely to influence investment decisions.

💬 What Is a Crypto Financial Promotion?

To summarise, under FCA rules, a “cryptoasset financial promotion” includes:

Encouraging someone to buy, hold, or trade cryptoassets (like Bitcoin),
Highlighting the features or benefits of a cryptoasset product or service,
Promoting educational tools or platforms that are intended to lead to crypto investment decisions.

This applies to promotions made via:

Social media (LinkedIn, YouTube, TikTok),
Podcasts, newsletters, or webinars,
Course materials or online events,
Referral programmes or affiliate schemes.

🧾 What’s Required for Compliance?

If you engage in any crypto-related promotion or education, you must now ensure:

FCA Authorisation or Approval
- Be directly FCA-authorised,
- Or work with an authorised firm to pre-approve your content under Section 21 of FSMA.
Consumer Protections
- Include clear risk warnings (e.g., “Don’t invest unless you’re prepared to lose all your money”),
- Avoid incentives like referral bonuses, urgency language, or gamification,
- Ensure content is fair, clear, and not misleading.
Appropriateness Assessment
- If offering services directly, first-time investors must pass a cooling-off period and a basic test of understanding.

📌 Key FCA Documents to Read

🧭 Where This Leaves Financial Planners

The Age of Aquarius is ushering in a shift from opaque, sales-driven finance to empowerment, clarity, and sovereignty. At the Academy of Life Planning, we welcome responsible innovation—but never at the expense of trust or transparency.

If you’re discussing cryptoassets, even in an educational or thought-leadership context, be mindful of:

Who your audience is (professional vs retail),
How your message is framed, and
Whether your content could lead someone into a regulated activity.

✅ Final Thought

The FCA isn’t trying to ban crypto—it’s trying to ensure that retail investors are protected from hype, scams, and unregulated promotions. As ethical planners, we must rise to that standard, even as we explore new digital frontiers.

“If you’re empowering others to take control of their financial futures, make sure you’re also protecting them from the risks.”

📣 Want Help Navigating This?

At the Academy of Life Planning, we support transparent, product-free, values-led planning. If you’re unsure whether your crypto-related content or conversations might fall within the FCA’s promotional regime, we’re here to help.

Let’s talk.

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