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Retail_Trading_Status

Allowed-Regulated Unknown
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2025-06-26 13:06
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Executive Summary

Retail trading of cryptocurrencies is legally permitted in Finland but is subject to regulation focused on AML/CFT and consumer protection. The primary regulator is the Financial Supervisory Authority (FIN-FSA), which oversees virtual currency exchange providers and custodian wallet providers. Key legislation includes the Act on Virtual Currency Providers (572/2019), mandating registration and compliance with KYC/CDD requirements. The upcoming EU-wide Markets in Crypto-Assets (MiCA) Regulation is expected to further harmonize the regulatory landscape.

Key Pillars

The primary regulator is the Financial Supervisory Authority (FIN-FSA), which supervises virtual currency exchange providers and custodian wallet providers. Core compliance requirements include AML/CFT obligations, KYC/CDD, and safeguarding client funds. Virtual currency providers must register with the FIN-FSA and meet reliability and fitness criteria for management.

Landmark Laws

  • Act on Virtual Currency Providers (572/2019), May 2019: Mandates that virtual currency service providers register with the FIN-FSA and comply with AML/CFT requirements, KYC/CDD, reliability standards, safeguarding of client funds, and record keeping.
  • Fifth Anti-Money Laundering Directive (AMLD5): Brought virtual currency exchange providers and custodian wallet providers under AML/CFT supervision.

Considerations

Virtual currencies are considered assets and subject to capital income tax on profits from selling or exchanging them. The FIN-FSA and the Bank of Finland have issued warnings regarding the risks associated with virtual currencies, including high volatility, lack of investor protection, and potential for illicit use. The upcoming EU-wide Markets in Crypto-Assets (MiCA) Regulation will further harmonize the regulatory landscape.

Notes

The FIN-FSA maintains a public register of virtual currency providers entitled to provide services in Finland. The Bank of Finland highlights the risks associated with cryptocurrencies and emphasizes they do not meet the legal definition of currency or a payment instrument, although this does not prohibit trading them as assets. The Finnish Tax Administration (Vero Skatt) provides guidance on the tax treatment of virtual currencies.

Detailed Explanation

In Finland, retail trading of cryptocurrencies, referred to as virtual currencies in Finnish regulation, is legally permitted for individual citizens and residents, but is subject to a specific regulatory framework. This framework primarily focuses on anti-money laundering and countering the financing of terrorism (AML/CFT) obligations, as well as consumer protection. Finland has implemented the European Union's Fifth Anti-Money Laundering Directive (AMLD5), bringing virtual currency exchange providers and custodian wallet providers under AML/CFT supervision. The primary regulatory body overseeing these entities is the Financial Supervisory Authority (FIN-FSA). The Act on Virtual Currency Providers (572/2019), which came into force in May 2019, mandates that entities providing services related to virtual currencies, such as exchange platforms and custodian wallet providers, must register with the FIN-FSA. To obtain and maintain registration, these providers must comply with stringent requirements, including Know Your Customer (KYC) and Customer Due Diligence (CDD), reliability and fitness of management, safeguarding of client funds, and record keeping. The FIN-FSA maintains a public register of virtual currency providers that are entitled to provide virtual currency services in Finland. While the buying, selling, and holding of cryptocurrencies by individuals are permitted, the FIN-FSA and the Bank of Finland have issued warnings regarding the risks associated with virtual currencies. These risks include high volatility, lack of investor protection schemes comparable to traditional financial instruments, and the potential for use in illicit activities. Taxation of cryptocurrencies is also established in Finland; income derived from virtual currencies, such as capital gains from selling or exchanging them, is generally subject to capital income tax. The Finnish Tax Administration (Vero Skatt) provides guidance on the tax treatment of virtual currencies. The upcoming EU-wide Markets in Crypto-Assets (MiCA) Regulation will further harmonize the regulatory landscape for crypto-assets across member states, including Finland. MiCA aims to provide a comprehensive framework covering issuers of crypto-assets, crypto-asset service providers (CASPs), and market abuse in the crypto-asset sector, which is likely to lead to further refinements and enhancements of the existing Finnish regulatory framework. The Bank of Finland has highlighted that cryptocurrencies do not meet the legal definition of a currency or a payment instrument in Finland, although this does not prohibit trading them as assets.

Summary Points

Retail Trading of Cryptocurrencies in Finland: Regulatory Overview (Report Date: 2025-06-26)

I. General Status:

  • Allowed-Regulated: Retail trading of cryptocurrencies (virtual currencies) is permitted for Finnish citizens and residents, subject to regulation.

II. Key Regulatory Bodies and Roles:

  • Financial Supervisory Authority (FIN-FSA):
    • Primary regulator overseeing virtual currency exchange providers and custodian wallet providers.
    • Responsible for registration and supervision of these entities.
    • Enforces AML/CFT regulations and consumer protection measures.
  • Bank of Finland:
    • Highlights risks associated with cryptocurrencies.
    • Does not consider cryptocurrencies legal currency or payment instrument.
  • Finnish Tax Administration (Vero Skatt):
    • Provides guidance on the tax treatment of virtual currencies.
    • Income from virtual currencies (e.g., capital gains) is subject to capital income tax.
  • Financial Intelligence Unit (FIU):
    • Receives reports of suspicious activities from virtual currency providers.

III. Key Legislation and Regulations:

  • Act on Virtual Currency Providers (572/2019):
    • Mandates registration with the FIN-FSA for virtual currency service providers (e.g., exchanges, custodians).
    • Sets requirements for AML/CFT compliance, safeguarding client funds, and providing customer information.
  • EU's Fifth Anti-Money Laundering Directive (AMLD5):
    • Implemented in Finland, bringing virtual currency exchange providers and custodian wallet providers under AML/CFT supervision.
  • Upcoming EU Markets in Crypto-Assets (MiCA) Regulation:
    • Will further harmonize crypto-asset regulation across EU member states, including Finland.
    • Will likely lead to refinements of the existing Finnish regulatory framework.

IV. Compliance Requirements for Virtual Currency Providers:

  • Registration with FIN-FSA: Mandatory for providing virtual currency services.
  • Know Your Customer (KYC) and Customer Due Diligence (CDD):
    • Identify and verify customers.
    • Monitor transactions.
    • Report suspicious activities to the FIU.
  • Reliability and Fitness of Management: Management must meet specific criteria.
  • Safeguarding Client Funds: Adequate measures to protect client assets.
  • Record Keeping: Maintain detailed records of transactions and customer information.
  • Compliance with AML/CFT regulations.
  • Proper business practices, such as providing customers with adequate information on the risks related to virtual currencies.

V. Notable Restrictions and Limitations:

  • Warnings Regarding Risks: FIN-FSA and Bank of Finland have issued warnings about the risks associated with virtual currencies, including:
    • High volatility.
    • Lack of investor protection schemes comparable to traditional financial instruments.
    • Potential for use in illicit activities.
  • No Legal Tender Status: Cryptocurrencies are not considered legal currency or a payment instrument in Finland.

VI. Recent Developments and Changes:

  • Implementation of AMLD5: Expanded regulatory oversight to virtual currency service providers.
  • Anticipation of MiCA: The upcoming EU-wide MiCA regulation is expected to further shape the regulatory landscape.

VII. Sources:

Full Analysis Report

Retail_Trading_Status in Finland

Report Date: 2025-06-26

Topic: Retail_Trading_Status

Description: An assessment of whether individual citizens and residents in Finland are legally permitted to buy, sell, and hold cryptocurrencies. This includes detailing the regulatory environment surrounding this activity, such as KYC/AML requirements imposed on platforms and any general warnings issued.


Retail_Trading_Status: Allowed-Regulated


1. Current Status: Allowed-Regulated

2. Narrative Explanation:

Retail trading of cryptocurrencies (referred to as virtual currencies in Finnish regulation) is legally permitted in Finland for individual citizens and residents. However, this activity is subject to a specific regulatory framework, primarily focused on anti-money laundering and countering the financing of terrorism (AML/CFT) obligations, as well as consumer protection.

Finland implemented the European Union's Fifth Anti-Money Laundering Directive (AMLD5), which brought virtual currency exchange providers and custodian wallet providers under the scope of AML/CFT supervision. The primary regulatory body overseeing these entities in Finland is the Financial Supervisory Authority (FIN-FSA).

The Act on Virtual Currency Providers (572/2019) came into force in Finland in May 2019. This act mandates that entities providing services related to virtual currencies, such as exchange platforms and custodian wallet providers, must register with the FIN-FSA. To obtain and maintain registration, these providers are required to comply with stringent requirements, including:

  • Know Your Customer (KYC) and Customer Due Diligence (CDD): Virtual currency providers must identify and verify their customers, monitor their transactions, and report suspicious activities to the Financial Intelligence Unit (FIU).
  • Reliability and Fitness of Management: The individuals responsible for the management and operations of virtual currency providers must meet certain reliability and fitness criteria.
  • Safeguarding Client Funds: Providers must have adequate measures in place to protect client assets.
  • Record Keeping: Detailed records of transactions and customer information must be maintained.

While the buying, selling, and holding of cryptocurrencies by individuals are permitted, the FIN-FSA and the Bank of Finland have issued warnings regarding the risks associated with virtual currencies. These risks include high volatility, lack of investor protection schemes comparable to traditional financial instruments, and the potential for use in illicit activities.

Taxation of cryptocurrencies is also established in Finland. Income derived from virtual currencies, such as capital gains from selling or exchanging them, is generally subject to capital income tax. The Finnish Tax Administration (Vero Skatt) provides guidance on the tax treatment of virtual currencies.

The upcoming EU-wide Markets in Crypto-Assets (MiCA) Regulation will further harmonize the regulatory landscape for crypto-assets across member states, including Finland. MiCA aims to provide a comprehensive framework covering issuers of crypto-assets, crypto-asset service providers (CASPs), and market abuse in the crypto-asset sector. This will likely lead to further refinements and enhancements of the existing Finnish regulatory framework.

In summary, individuals in Finland can legally engage in cryptocurrency trading, but they must use services from registered and regulated providers who adhere to strict AML/CFT and consumer protection measures. The regulatory environment is well-defined and supervised by the FIN-FSA, with further harmonization expected under MiCA.

3. Relevant Text Excerpts and Sources:

  • Financial Supervisory Authority (FIN-FSA) - Registration of virtual currency providers:

    • "Virtual currency providers entered in the FIN-FSA register are obliged to comply with statutory requirements, for example, on the prevention of money laundering and terrorist financing, the segregation and safeguarding of client funds, and proper business practices, such as providing customers with adequate information on the risks related to virtual currencies."
    • "The FIN-FSA maintains a public register of virtual currency providers that are entitled to provide virtual currency services in Finland. A virtual currency provider may be, for example, a virtual currency exchange service or a custodian wallet provider."
    • "The Act on Virtual Currency Providers (572/2019) lays down provisions on the business operations of virtual currency providers. The objective of the Act is to ensure that virtual currency providers comply with their obligations concerning the prevention of money laundering and terrorist financing and that they safeguard client funds and provide their customers with adequate information on virtual currencies and the risks related to them."
  • Financial Supervisory Authority (FIN-FSA) - Risks of virtual currencies:

    • "Virtual currencies are subject to particular risks. Their value may fluctuate significantly or be lost completely. There have also been instances of virtual currencies being used for illicit purposes, such as money laundering or terrorist financing, as well as various types of scams and fraud. In addition, virtual currency systems have been subject to cyberattacks and operational disruptions."
  • Bank of Finland - Stance on cryptocurrencies:

    • While the Bank of Finland does not typically directly regulate retail trading, its stance contributes to the overall regulatory understanding. The Bank of Finland has highlighted the risks associated with cryptocurrencies and emphasized that they do not meet the legal definition of a currency or a payment instrument in Finland. However, this does not prohibit their trading as assets. (General stance often reflected in publications and speeches; specific quote for this exact point can be harder to isolate from a single, static webpage but is consistent with central bank views across the EU prior to MiCA's full implementation).
  • Finnish Tax Administration (Vero Skatt) - Taxation of virtual currencies:

    • "Income from virtual currencies is subject to tax. For example, any profits you make from selling or using virtual currency are generally considered taxable capital income. If you receive virtual currency as wages or as payment for goods or services, this is considered earned income." (This is a summary of the general guidance provided by Vero Skatt. Specific detailed guidance documents are available on their website).

4. Direct URL Links to Sources:

  1. FIN-FSA - Registration of virtual currency providers: https://www.finanssivalvonta.fi/en/financial-market-participants/registration-of-virtual-currency-providers/
  2. FIN-FSA - Act on Virtual Currency Providers: https://www.finanssivalvonta.fi/en/regulation/acts-governing-the-financial-sector/national-legislation/act-on-virtual-currency-providers/
  3. FIN-FSA - Virtual currencies: https://www.finanssivalvonta.fi/en/about-the-fin-fsa/topics-in-focus/virtual-currencies/
  4. Finnish Tax Administration (Vero Skatt) - Taxation of virtual currencies (General information page, specific detailed guides are linked from here): https://www.vero.fi/en/individuals/property/investments/virtual-currencies/

Sources (Raw Data)

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