Forex trading is recognized as an investment service under the EU’s Markets in Financial Instruments Directive II (MiFID II), which Belgium has transposed into national law, allowing residents to engage in spot currency trading through regulated venues (2).
However, the Belgian Financial Services and Markets Authority (FSMA) prohibits the distribution of leveraged over-the-counter derivative instruments—including certain rolling spot forex contracts—to retail clients, aiming to protect consumers from excessive risk (1).
"The Regulation consists of a ban on distribution to consumers via electronic trading platforms of … derivative contracts with leverage, such as contracts for difference (CFDs) and rolling spot forex contracts."
Belgian traders may still access forex markets by trading non-leveraged currency pairs on regulated exchanges or by using licensed investment firms that comply with MiFID II requirements (2).
To offer forex services in Belgium, providers must obtain FSMA authorization, adhere to strict disclosure rules, and implement robust client suitability assessments under MiFID II (1)(2).
Source:
https://www.fsma.be/en/faq/fsma-regulation-governing-distribution-certain-derivative-financial-instruments-binary-options
https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=OJ:L:2014:173:TOC
Last updated: 17-05-2025 Disclaimer: This article does not provide legal advice. If you need legal advice, please contact an attorney directly.
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