A review of Cyprus Securities and Exchange Commission (CySEC) regulated forex and contracts for difference (CFD) firms has identified widespread shortcomings in conflict-of-interest frameworks, particularly in relation to modern distribution channels and digital platforms. The findings are linked to the ongoing Common Supervisory Action (CSA) coordinated by the European Securities and Markets Authority (ESMA), with expectations that enforcement actions are likely to follow.
CSAs are intended to generate supervisory intelligence, identify systemic gaps and support coordinated regulatory responses across national competent authorities in the European Union. In this context, Surveill examined 154 CySEC-regulated forex and CFDs firms against 45 conflict-of-interest controls aligned to the CSA 2026 priorities. The review concluded that the central issue is not the existence of conflict frameworks, but whether they accurately reflect how firms operate today.
Outdated Conflict-of-Interest Policies
One notable case involved a major CySEC-regulated firm whose conflicts of interest policy had not been meaningfully updated in ten years. Although the document existed, its substance had remained unchanged for a decade. The assessment characterises this not as a simple gap but as a governance failure, and notes that this firm represents an extreme example of a pattern observed across much of the market.
Across the firms reviewed, many policies still describe conflicts that were relevant when the frameworks were first drafted, but fail to capture risks arising from current business models. Key missing areas include affiliate ecosystems, finfluencer-driven client acquisition and digital platforms that now define how clients interact with firms and make decisions.
Weak Coverage of Modern Distribution and Platforms
Quantitative scoring highlights uneven coverage across different conflict areas. On inducements and distribution, firms typically score between 1 and 1.5 out of 3. Traditional conflicts, such as staff remuneration, third-party payments and commissions, are generally addressed. However, coverage drops sharply where conflicts arise from affiliate models, introducing brokers and influencer-driven channels.
Digital platforms show the weakest performance among all categories assessed. The average score for platform-related conflicts is 0.33 out of 3, the lowest across the 45 controls reviewed. In 90% of cases, conflicts stemming from platform design choices, where a firm’s commercial interests may diverge from client outcomes, are not acknowledged in the policies.
Governance Gaps and Expected Enforcement
The review notes that governance structures often appear robust on paper, with registers, escalation processes and clear reporting lines in place. However, governance determines what risks are identified and monitored. Where governance has not required firms to reassess their conflict frameworks as business models evolved, the resulting policies fail to capture current risks associated with scaled affiliate models, platform-centric client interactions and finfluencer-based acquisition.
CySEC has committed to on-site visits and desk-based reviews, during which inspectors are expected to test whether written policies align with actual operations. This approach goes beyond document submission standards and is likely to expose gaps quickly, particularly where platform conflicts, distribution models and affiliate relationships are absent from written frameworks, or where policies have not evolved in substance for years.
The analysis indicates that these issues are not confined to CySEC. As ESMA coordinates this CSA across EU national competent authorities, the patterns observed in Cyprus are presented as indicative of a broader market trend. The resulting supervisory pressure is described as structural and continent-wide, reinforcing expectations that enforcement actions will follow.
