ESMA Places Perpetual Futures Inside the CFD Perimeter: 2:1 Leverage for Retail Clients in the EU
ESMA stated on February 24, 2026 that perpetual futures are likely to fall under the CFD measures, and with them under a leverage cap of 2:1 for retail clients. The Hyperliquid Policy Center wants that settled differently, and filed its case as the MiCA review closed on September 30.

Table of Contents
Table of Contents
Which topics should we dive deeper into?
Select what genuinely interests you. Your picks feed directly into our editorial planning.
Crypto news that's actually worth your time.
Weekly. 60 seconds. Carefully curated by our editors: no hype, no promo flood, no spam.
Whether you, as a retail client in Germany, may trade perpetual futures with two times leverage or with fifty times leverage hangs on a question of classification in European supervisory law. It runs as follows: are these contracts contracts for difference within the meaning of the existing EU measures? If they are, a leverage cap of 2:1 applies to retail clients. On February 24, 2026, the European Securities and Markets Authority, ESMA, stated in a public notice that derivatives marketed as “perpetual futures” or “perpetual contracts” are likely to fall within that scope. On September 30, 2026, the final day of the consultation period for the review of the MiCA regulation, the Hyperliquid Policy Center filed a submission with the European Commission that asks for exactly this classification to be settled differently.
For you, more rides on this than a question of terminology. The classification determines what leverage a provider may offer you at all, whether your losses are capped at the balance you have paid in, at what point a position is closed out, and which venues are allowed to take you on as a client in the EU.
What the Hyperliquid Policy Center filed with the European Commission on September 30
The Hyperliquid Policy Center, or HPC, is an advocacy body from the orbit of the decentralised trading platform Hyperliquid. The submission of September 30, 2026 is, by the organisation's own account, its first statement on a rulebook outside the United States. It is addressed to the European Commission, which had been gathering responses through its targeted consultation on the MiCA review since May 20, 2026.
At the heart of the submission is a shift of competence. The HPC asks the Commission to confirm, building on ESMA's existing guidance, that perpetual futures fall under the financial markets directive MiFID II, irrespective of the system in which they are recorded and of the underlying to which they refer. MiFID II is the European rulebook for investment firms, trading venues and financial instruments, derivatives among them. The organisation stresses explicitly that no new legislation is needed for this, and that a clarification would suffice.
The load-bearing argument is an economic one. In the HPC's view, supervisory classification should depend on the structure and the economic characteristics of a product and not on the technology used to record it. Jake Chervinsky, who heads the HPC, condensed that thought in the submission into the proposition that an instrument's economic properties, and not the ledger in which it is recorded, ought to decide its classification.
ESMA notice of February 24, 2026: perpetual futures inside the CFD perimeter
The supervisor itself provided the occasion for the submission. A perpetual future is a derivative on an underlying which, unlike a classic future, has no expiry date and stays tied to the spot price through a recurring settlement payment. On February 24, 2026, ESMA published a public notice on the question of which derivatives fall within the scope of the national product intervention measures for contracts for difference.
The authority's message is clear on three points. First, the product name is immaterial: the fact that a contract is marketed as a “perpetual” says nothing about its legal classification. Second, neither the funding rate mechanism nor voluntary safeguards such as an insurance fund change anything about that assessment. Third, firms have to evaluate these products under MiFID II and under investor protection rules. On this reading, what is caught above all are contracts that provide leveraged exposure to crypto assets such as Bitcoin and are not settled exclusively by physical delivery.
A product intervention measure is a supervisory step by which an authority restricts or prohibits the distribution of a financial product to particular client groups. For contracts for difference, that step has existed in the EU since 2018, and it still takes effect today through the national measures of the member states.

The CFD rules in detail: 2:1 leverage, margin close-out and negative balance protection
What the CFD framework means for retail clients can be put in figures. ESMA adopted its measures for contracts for difference with effect from August 1, 2018 and set out tiered leverage limits in them: 30:1 for major currency pairs, 20:1 for other currency pairs, gold and major equity indices, 10:1 for other commodities and non-major equity indices, 5:1 for individual equities and other underlyings, and 2:1 for cryptocurrencies. The bottom tier is therefore precisely the one that covers crypto assets.
Four further requirements come on top. The measures prescribe a per-account margin close-out that harmonises the percentage at which a provider must close open positions; it sits at 50 percent of the required minimum margin. They require per-account negative balance protection, which caps a retail client's losses in total. They restrict incentives for trading contracts for difference. And they mandate a standardised risk warning that states the share of the provider's loss-making retail client accounts.
For a trader working with high leverage today, the gap between 2:1 and the figures common on large platforms is the real issue. The leverage cap determines how much capital you have to post for a position, and therefore also how far the price may travel before the forced close-out bites. If you want to know how the running costs of such a position break down, you will find the arithmetic in our guide to calculating the funding rate.
MiFID II instead of MiCA: the submission turns on structure and economic characteristics
MiCA governs the market for crypto assets in the EU, but it captures above all the crypto assets themselves along with the services around them. Derivatives on crypto assets are financial instruments and therefore belong to the world of MiFID II. That dividing line is exactly what the submission aims at: it wants the classification of perpetual futures determined through the existing derivatives framework rather than primarily through MiCA.
The practical difference lies in the catalogue of obligations. A trading venue under MiFID II needs a different authorisation, different organisational duties and different transparency duties from a crypto asset service provider under MiCA.
Compare perp DEXs and trading feesCounterparty risk: a perp venue is not itself the other side, according to the submission
The HPC does not dispute that perpetual futures are derivatives. What it disputes is that the restrictions dating from 2018 fit them unchanged. The reasoning starts from structure: with a contract for difference the provider itself acts as the client's counterparty, whereas on a venue for perpetual futures, as the organisation presents it, another market participant stands on the other side and not the platform itself. From that distinction the HPC concludes that the two products carry different structures and different risks, and that the measures should therefore not be transposed without adjustment.
The argument is not immaterial for investor protection. Where the provider is the other side, it has an interest of its own in the client's loss, and that very conflict of interest was one driver of the 2018 measures. If it falls away, the burden of justification shifts. Whether the Commission will follow that view is open. In assessing an individual provider, what counts in the end is how the contractual relationship is actually set up.
Funding rate, maintenance margin and liquidation threshold: what the submission wants published in advance
Alongside the classification, the HPC proposes concrete transparency duties. On this model, trading venues would publish their methodology for calculating the funding rate, their maintenance margins and their liquidation thresholds in advance. The funding rate is the periodic payment between the buy and sell side that ties the price of a perpetual future to the spot price. The maintenance margin is the minimum capital that has to cover an open position. The liquidation threshold is the point at which the platform unwinds a position by force.
A reporting proposal comes with it. In the organisation's view, publicly verifiable funding payments, liquidations and transaction activity could be taken into account by supervisors as features of market structure. The submission invites the Commission to examine whether such records can satisfy part of the reporting duties, provided the information is complete, reliable and accessible to supervisors.
These three figures matter to you even while the classification remains open. They determine what a position costs on an ongoing basis and when it is closed. How widely the terms differ between platforms is shown by a look at our comparison of perp DEX.

What the initiative means for investors in Germany
In the short term the submission changes nothing about your legal position. It is a statement in a consultation procedure, not a rule. What is in force today is ESMA's February notice: firms have to assess whether their products fall within the scope of the CFD measures, and where they do, the requirements apply, leverage cap of 2:1 for retail clients included.
In the medium term the question is which route lets you take leveraged crypto positions legally. If the supervisory line prevails, the offering for retail clients in the EU narrows to providers that meet the requirements. If the Commission follows the HPC's reasoning, a dedicated framework for perpetual futures could emerge, with transparency duties in place of a hard leverage cap. Both are documented possibilities, and neither is a forecast.
Why a leverage cap does not look like a block
A product intervention measure is addressed to the provider, not to you. It therefore rarely shows up as an error message in the trading window. It appears instead as a changed account classification, as fresh questions about your knowledge and experience, or as a provider that stops accepting clients from the European Economic Area altogether. Anyone who holds positions for months often notices such a change only at the next deposit.
Buying route and authorisation: how to check whether your perp platform is licensed in the EU
The check runs through the provider, not through the product. Look in the terms of use to see which company is your contractual partner and in which state it is based. Then establish whether that company holds an authorisation as an investment firm or as a crypto asset service provider in the EU, and whether clients from Germany are expressly admitted. Finally, see whether the provider displays a standardised risk warning stating the share of loss-making retail client accounts, because that warning is a hallmark of the CFD framework. Which regulated houses carry leveraged products for German clients is set out in our broker comparison.
Compare crypto brokers and feesTax: perpetual futures count as forward transactions, and the holding period does not apply here
The tax treatment follows the legal classification, and that is the uncomfortable part for you. The one-year holding period, which applies to direct purchases of coins through the rules on private disposals, does not apply to a derivative on a coin. Gains from forward transactions fall into investment income, and there is no period there after which a gain remains tax free.
Because the classification of individual products can be contested, and because platforms without an EU authorisation issue no tax certificate, this point belongs before your first trade and not in next year's tax return. Discuss the treatment of your positions with a tax adviser. For gathering records across the year, the tools from our comparison of crypto tax tools help, since they can extract funding payments and liquidations from the trading data.
Circle and the reserve rule: the second strand of the same consultation
The perpetuals submission is not the only one that arrived in the final days of the deadline. The stablecoin issuer Circle has, by its own account, called on the European Commission to retain multi-issuance of stablecoins, to recognise stablecoins regulated abroad, and to relax the duty to hold a share of reserves as deposits with commercial banks. Circle refers in this context to a share of 30 percent and justifies the demand with the counterparty risk that arises from such bank deposits.
Both submissions display the same pattern. What is attacked are individual points in the rulebook where, as the industry presents it, the rules meet structures they were not written for. Neither submission calls MiCA as a whole into question. For you as an investor the common denominator is availability: which stablecoins stay tradable in the EU, and what leverage you are allowed to trade with, are both outcomes of this detailed work.
The European Commission's report: what follows the September 30 deadline
The targeted consultation on the MiCA review ran from May 20, 2026 and ended on September 30, 2026. The original version of the documents named August 31 as the date; the Commission later extended the deadline on its own page to September 30. Thematically the survey covered, among other things, the scope and the definitions of the regulation, the rules for stablecoins, crypto asset service providers, decentralised finance applications, staking, NFTs and the legal treatment of individual tokens.
The Commission does not name a date for a legislative proposal in the public consultation documents. Months usually pass between the close of such a survey and a proposal. Until then, ESMA's February notice remains the yardstick that providers have to align with, and therefore the yardstick for your account too.
What you can read from the two dates
February 24, 2026 is the date from which firms had to assess. September 30, 2026 is the date from which the Commission is assessing. Between the two lies the phase in which providers adjusted, restricted or discontinued their offerings for European retail clients. If something about your account changed in that period, this is the likely reason.
Perpetual Futures and MiFID II: What to take away
- Establish who your contractual partner is and whether it is authorised in the EU. The leverage cap takes effect through the provider's authorisation. Our broker comparison shows which regulated houses carry leveraged products for German clients.
- Read up on your platform's funding methodology, maintenance margin and liquidation threshold before you open a position. Those are precisely the three figures the submission wants published in advance as a matter of obligation. The differences between platforms are set out in the perp DEX comparison.
- Set your record keeping up for forward transactions, not for the one-year holding period. Which tools extract funding payments and liquidations from the trading data is set out in the comparison of crypto tax tools.
(As of October 2, 2026. This article is not investment advice. Prices and fee structures change; check the terms with the provider before you buy.)
Frequently asked questions about perpetual futures in the EU
Partner links: some links on this page are partner links. If you become a customer through one of them, we may earn a commission at no extra cost to you. Selection, ratings and ranking are decided independently by our editorial team. Ethics and Independence · Ownership and Funding
Transparency note: This article was produced with the assistance of artificial intelligence and reviewed by our editorial team before publication. All figures and claims were checked against the primary sources linked in the text. The feature image was generated with AI.
Related articles
- CFTC Approves Stock Perpetual Futures: What It Means for Hyperliquid and US Traders
- Crypto futures in the EU: six licensed exchanges compared, all capped at 10x
- Crypto futures trading: perpetual futures explained simply
- $1.54 billion in crypto liquidations: the next step for leveraged traders
- Bitcoin Cash: all 81 futures markets are perpetuals, CME is missing
Which topics should we dive deeper into?
Select what genuinely interests you. Your picks feed directly into our editorial planning.
Crypto news that's actually worth your time.
Weekly. 60 seconds. Carefully curated by our editors: no hype, no promo flood, no spam.
October 27, 2026 12:30 PM

Dogecoin funding rate at 7.4 percent a year: the next step
Analysis: long positions in Dogecoin have been paying funding costs again on OKX since Monday afternoon, annualised at 7.4 percent as of Tuesday morning. At the same time, almost five long accounts come for every short account while open interest shrinks.
October 25, 2026 1:37 AM

NEAR opens cross margin for 50 Hyperliquid perp markets at up to 40 times leverage
NEAR released a cross-margin mode for its Hyperliquid perps on October 22, 2026: more than 50 markets, leverage up to 40 times, collateral at account level instead of per position. The price falls 9.9 percent the same day, and in the backstop procedure cross margin puts the whole account on the line.
October 23, 2026 1:23 PM

$1.81 billion on a single exchange: Monero open interest figures differ sixfold
Monero is down 6.2 percent at $606.80 over 24 hours, after reaching $653.71 within the same range. An own count of 52 futures contracts shows why reported open interest differs sixfold depending on the data source, and which figure matters for your position size.
October 23, 2026 1:22 PM

Dogecoin: 96 percent of trading runs on Tether, 0.13 percent on the euro
Of the 100 highest-volume Dogecoin pairs, 96.00 percent run through Tether and 0.13 percent through the euro, measured on October 23, 2026. That exact trading pair loses its basis in the EU by January 8, 2027, and that shifts the question of where you buy DOGE next.
October 21, 2026 7:15 PM

What is Hyperliquid? Its own blockchain, the HYPE token and access from Germany
Hyperliquid ranks 11th with a market value of $18.12 billion and runs its order book on a layer-1 blockchain of its own. What HyperCore, HyperEVM and the HYPE token do, what trading costs, and what applies to access from Germany.
October 21, 2026 4:14 AM

Pump.fun launches perpetual futures with 40x leverage: what to watch now
Pump.fun has traded perpetual futures on Bitcoin and Ethereum since October 16, 2026, with leverage of up to 40 times and Hyperliquid as the technical operator. At that leverage a 2.5 percent price move is enough for liquidation, and a MiCA licence for the EU market is missing.
October 16, 2026 10:41 AM

Bitcoin futures at 5 BTC per contract: what to watch on margin and the expiry date
A Bitcoin future gives you a price and a date, not coins. What contract size, margin and expiry on the last Friday of the month mean for your account, and why the route to the futures market in Germany runs through the broker.
October 15, 2026 7:40 PM

$257.4 million in SHIB futures against $77.5 million spot: EU leverage stops at 2:1
SHIB futures turned over $257.4 million in 24 hours against $77.5 million on the spot market. That is a factor of 3.3, and for leverage Germany applies a hard ceiling.
October 15, 2026 1:34 PM

$489 million in liquidations in one hour: where your leverage breaks first
Forced closures wiped out around $489 million within one hour on 15 October 2026, more than half the daily total of $942 million. Our analysis of OKX futures market data shows why Ether was hit harder than Bitcoin.
October 15, 2026 10:15 AM

XRP open interest down 29.7 percent, 360 long accounts per 100 short
Two moves are running against each other in the XRP derivatives market: open interest has fallen almost 30 percent since September 22, while there are now 360 long accounts for every 100 short accounts. What the thin positioning means for the $1.29 level, and which leverage caps apply in Germany.
October 15, 2026 7:29 AM

17 of 20 top coins down, Ethereum at $2,380: where the sell-off is measured
Ether loses 5.41 percent over 24 hours and falls to a daily low of $2,332.43. Our own count of the 25 largest cryptocurrencies shows how broadly the sell-off really carries.
October 13, 2026 10:18 PM

Papertrade loses $1.28 million on launch day: the reference price came from Hyperliquid
The perpetuals venue Papertrade launched on October 10 with leverage of up to 1,000 and drew its execution prices from the Hyperliquid order book. One trader moved the Ether price there by around three dollars and took between $1.28 million and $1.54 million out of the liquidity pool, according to several trade publications.
October 13, 2026 10:26 AM

Hyperliquid falls 5.9 percent while Bitcoin loses 0.8: $1.66 billion of leverage sits on HYPE
HYPE drops to $82.61 while Bitcoin gives up only 0.8 percent. An own survey of the exchange shows why: $1.66 billion of open leveraged positions stand against $611 million of daily turnover.
October 9, 2026 10:25 PM

Dogecoin: 94 Percent of Liquidations Hit Long Positions, and How the Leverage Compares With Bitcoin
On the Dogecoin futures market $7.82 million was force closed within 24 hours, almost all of it on the long side. Our count of 106 contracts shows how much leverage really sits in the market and how much of it is open to retail investors in Europe.
October 9, 2026 1:28 PM

Coinbase Pro Returns With 10x Spot Margin, and Germany's CFD Rules Decide What Lands
Coinbase has completed the Deribit acquisition on the technical side and is bringing Coinbase Pro back by the end of the year, with spot margin of up to ten times leverage. How much of that arrives in Germany turns on whether supervisors classify such products as contracts for difference.
October 9, 2026 7:35 AM

Polkadot launches dotUSD without an issuer: why MiCA demands one
Polkadot launched its own stablecoin dotUSD on the mainnet on October 8, 2026, with no issuer and steered by DOT holders. On the same day ESMA requires regulated service providers to wind down non-MiCA-compliant stablecoins within three months.
September 30, 2026 10:40 PM

ESMA Calls for Advertising Rules on Crypto Influencers: Six Changes Now Sitting With the EU Commission
The EU securities watchdog filed its response to the MiCA review on the final day of the consultation. Among the demands are disclosure on staking, a licensable DeFi gateway and the power to freeze crypto assets.
September 30, 2026 10:13 PM

Robinhood Announces Perp Futures With 10x Leverage for US Customers: “Markets don’t work without traders”
Robinhood plans to offer eligible US customers perpetual futures on eight cryptocurrencies, with up to 10x leverage on Bitcoin and Ethereum. Nothing is tradable yet, and a different leverage cap applies in Europe.
September 30, 2026 4:45 PM

CFTC Registers Coinbase Clearing for Fully Collateralised Derivatives: What Matters for Investors in Europe
The US regulator CFTC registered Coinbase Clearing as a clearing house on September 28, but only for fully collateralised contracts without leverage. For investors in Europe another decision counts for more: ESMA's CFD classification of perpetual futures.
September 30, 2026 4:36 PM

Dogecoin Price Prediction: 28 Billion DOGE Make $0.098 the Level That Decides
Dogecoin trades at around $0.0973 on Wednesday midday and keeps failing at the zone at $0.098, where roughly 28 billion DOGE changed hands. At the same time $1.50 billion sits in open leveraged positions, and the tax authority's one-year period runs separately for every purchase.
September 28, 2026 10:12 PM

Dogecoin Futures Hold $1.5 Billion in Open Leverage: What Investors Need to Know
The Dogecoin price fell 4.2 percent on Monday to $0.0932. What matters more is where it is set: $1.5 billion in leveraged positions sit open on the derivatives market, a good tenth of market capitalisation. What that means for leverage, liquidation distance and German tax.
September 26, 2026 1:11 AM

Funding Rate on Perpetual Futures: How to Calculate What Your Position Really Costs
A rate of 0.01 percent per interval sounds like nothing and works out at almost 11 percent of the notional value over a year. This guide walks through the calculation, the timestamp effect and the way leverage multiplies the burden.
September 24, 2026 1:34 PM

Cardano Slides Below $0.24: What ADA Holders Should Check on Leverage, Liquidation and Holding Period
Cardano has given back its move above $0.25 and trades around seven percent below the high of the past 24 hours. What that means for leveraged positions, the holding period of your tranches and the buying route under MiCA.
September 22, 2026 4:12 AM

Open Interest Climbs After the Short Squeeze: Why the Longs Are Paying Now
The short squeeze of September 21 wiped out $648 million in bearish bets, yet open interest rose instead of falling. A survey of our own across four exchanges shows the funding rate is positive on 24 of the 25 largest bitcoin perpetuals.
September 19, 2026 7:19 PM

Binance Launches FX Perpetuals With 100x Leverage: What Is Allowed in Germany
Binance launches a perpetual future on the US dollar and the Brazilian real with up to 100x leverage on September 21. For German retail investors, what counts is less the announcement than the question of which leverage is permitted here and which tax rule applies to futures transactions.
September 15, 2026 4:12 AM

Using Hyperliquid from Germany: What Applies to Your Funds Without a MiCA Licence
Hyperliquid is not entered in any EU register as an authorised crypto-asset service provider, and for perpetual futures a MiCA licence would be the wrong paperwork anyway. Here is what that means in concrete terms for your funds, your keys and your tax return.
August 11, 2026 5:24 PM

Perp DEX Explained: How Funding Rate, Liquidation and Taxes Work on Perpetual Futures
Perpetual contracts run without an expiry date, and in exchange you pay funding for as long as you hold them. This article explains the mechanics behind perp DEX, the liquidation thresholds and the regulatory and tax framework in Germany.
More from CryptoTicker
