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Crypto rules in Belgium

Belgium already had its own framework for crypto advertising and for registering exchange and custody providers before MiCA. That national layer did not disappear; it gained a European tier above it. We set out who supervises what, the protection you actually have, and the signals that a provider is operating outside the framework.

Joris VandenbrouckeWritten by Redacteur regelgeving, GentUpdated Checked by the editorial desk

FSMA and the National Bank: who does what

The FSMA supervises conduct and investor protection. It assesses licences for crypto service providers, oversees information and advertising, and publishes warnings about fraudulent platforms and recovery-room scams that target victims a second time.

The National Bank of Belgium looks at soundness and stability: capital, governance and the risks banks run when dealing with crypto firms. Large stablecoins add European supervision by the EBA, while ESMA coordinates market and disclosure requirements.

  • FSMA: licensing, conduct, advertising and the warning list
  • National Bank: prudential supervision and financial stability
  • EBA and ESMA: European coordination and oversight of large issuers

Belgium's advertising rules

Since 2023 Belgium has had a dedicated regulation on marketing virtual currencies to consumers. Advertising must be accurate and not misleading, carry mandatory risk warnings and avoid return promises. Mass campaigns must be notified to the FSMA in advance.

For readers that is a useful filter: a provider promising guaranteed profits, applying time pressure or hiding risk is ignoring a rule that explicitly exists in Belgium. Reason enough to stay away.

  • Mandatory risk warning in consumer advertising
  • No promises of returns or guaranteed profit
  • Mass campaigns notified to the FSMA in advance

What MiCA adds

MiCA adds a European licensing duty with requirements on capital, custody, complaints handling and segregation of client funds. A provider active in Belgium therefore works with two layers: the Belgian conduct and advertising framework and the European licence conditions.

In practice that means stricter identification, clearer cost information and custodian liability for lost assets. What MiCA does not do is compensate price losses or create a guarantee fund like the one covering bank deposits up to EUR 100,000.

Check a provider in five minutes

Start with the legal name in the FSMA register or the register of the supervisor that issued the licence. Then verify the enterprise number in the Crossroads Bank for Enterprises and compare the address with the website. Finally, check whether the name appears on the warning list.

Watch the small things too: terms of service without an identifiable entity, payments to an account in a different name, or a contact point reachable only through a chat app. Those are the classic patterns of unlicensed operators.

  • Consult the FSMA or home-supervisor register
  • Verify the enterprise number in the Crossroads Bank
  • Check the warning list and the payment instructions

Frequently asked questions

Is crypto banned or restricted in Belgium?

No. Buying, holding and selling are allowed. Strict rules apply to providers and to advertising aimed at consumers.

Am I covered by a guarantee fund if a platform fails?

No. Deposit guarantees cover bank deposits, not crypto. MiCA does require segregation of client assets and places liability on the custodian.

What should I do if I suspect fraud?

Stop all payments, gather evidence, report to the FSMA and file a police report. Never accept paid offers to 'recover' your money.

Can influencers promote crypto in Belgium?

Only within the advertising regulation: accurate, non-misleading messages with a risk warning and no return promises.

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