Cryptoassets Regulatory Intelligence

Gibraltar (GI) · Module Detail

Gibraltar: Consumer Protection

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Consumer Protection

Consumer and customer-asset protection in Gibraltar's crypto framework is delivered through the ten statutory regulatory principles in the Financial Services (DLT Providers and VAA Providers) Regulations 2020 alongside general Financial Services Act 2019 conduct rules (including the Financial Services (Core Principles and Consumer Duty) Regulations 2024 and the Restricted Promotions Regulations 2025). In its current Guidance Note on Scope of the DLT Framework (paras 5.11–5.12), the GFSC confirms a critical track distinction between DLT Providers and VAA Providers: Principle 5 (protection of customer assets) is not applicable to VAA Providers because VAA Providers never take custody of client virtual assets (whereas Principle 5 applies in full to custodial DLT Providers), and Principle 10 (market integrity) is unlikely to apply to VAA Providers (para 5.12) while continuing to bind DLT Providers against market manipulation and insider dealing. While the Financial Services Act 2019 contains a statutory market-abuse regime (insider dealing, unlawful disclosure, market manipulation) limited to traditional financial instruments, there is no separate crypto-specific statutory market-abuse offence outside Principle 10.

no periodic updates on record for this sub-brief

Sources and findings (3)
  1. T1 · Gibraltar Financial Services CommissionGibraltar Financial Services Commission — Under GFSC Guidance Note: Scope of the DLT Framework (paras 5.11–5.12), Principle 5 (protection of customer assets) is not applicable to VAA Providers because they never take custody of client assets, and Principle 10 (market integrity) is unlikely to apply to VAA Providers (para 5.12), whereas both principles apply in full to custodial DLT Providers.retrieved M5bindingin force
  2. T3 · Chambers and PartnersChambers and Partners — The Financial Services Act 2019 market-abuse regime (insider dealing, unlawful disclosure, manipulation) is limited to financial instruments; there is no separate crypto-specific statutory market-abuse regime, and Principle 10 of the DLT Regulations covers equivalent market-integrity conduct for DLT Providers.retrieved M3bindingin force
  3. T1 · Government of Gibraltar (Gibraltar Laws)Government of Gibraltar (Gibraltar Laws) — Custodial DLT Providers must segregate and protect customer virtual assets as a mandatory condition of their Part 7 permission under Principle 5 of the Financial Services (DLT Providers and VAA Providers) Regulations 2020.retrieved M5bindingin force