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Stand:updated on 13.12.2023 | Topic Consumer protection Bitcoin, ether et al.: the risks of investing in crypto assets

State-of-the-art, digital and lucrative: this is the image many associate with crypto assets – also some retail investors. News reports and investment tips abound on social media, extolling bitcoin, ether and the like. Especially the apps available for mobile trading make it easy to buy coins and tokens. However, investments in crypto assets are highly speculative – and highly risky. BaFin again warns investors of the risks.

One principle that particularly applies to crypto investments is this: the prospect of high rates of return is always associated with significant risks. When you invest in coins or tokens, you are taking very high risks and may even lose all the money you have invested.

What makes crypto assets so risky

  • Price jumps and the volatility (see Glossary) of many crypto assets are extreme. Many triggers may be at work, and it is basically impossible for retail investors to keep track of them all.
  • Price increases, such as those seen with bitcoin time and again in the past, often have a self-reinforcing effect, i.e. the rising prices motivate other investors to buy as well. Similarly, crypto asset advertisements often give the misleading impression that unless you hurry, you will miss your chance at the expected profits: it is the “FOMO” effect – the “fear of missing out”. The ensuing investments, in turn, result at first in a further increase in prices, for no substantial reason.
  • Falling crypto asset prices do not necessarily mean it is the best time to invest either. It is impossible to predict how prices will continue to develop.
  • Should you need to sell, you cannot be sure that you will find a buyer for your crypto assets who is willing to buy right away and at the price you have in mind. For example, in the case of crypto assets where the number or total value of the coins or tokens on the market is relatively low, there might be very few buyers and no trading possibilities.
  • IT risks play a major role when it comes to crypto assets. Time and again, a hacker attack occurs that results in investors permanently losing access to their crypto assets.
  • If you choose to hold the crypto assets in custody yourself, you risk totally losing access not only if there is a hacker attack, but potentially also as a result of your own carelessness.
  • A great deal of the information available about crypto assets is taken from sources which, in terms of data quality and data completeness, are difficult to verify or are simply dubious.
  • There are many dubious players at work in this segment.

What you need to do: Ensure you are well informed!

It is not enough to know a thing or two about financial investments in general. You should also have at least a basic understanding of what distributed ledger technology (DLT, see Glossary) is about and how blockchain technology (see Glossary) works.

Without it, you will hardly be able assess the opportunities and risks of an investment in crypto assets.

Even if your bank, broker or investment adviser offers access to crypto assets or recommends them as an asset class, you should be aware of how highly speculative crypto assets are as an asset class. At most, you should consider crypto assets a way of complementing an existing portfolio that is highly diversified, consisting of financial investment products of other asset classes..

Not all crypto assets are the same – find out what each coin or token is about!

There are significant differences between the various types of crypto assets. First, it is important to understand the concept of the coin or token in question: one of the best-known crypto assets is still the bitcoin, which is based on the idea of a substitute currency that is not issued by the state and is limited in supply.

Unlike money that can be printed in unlimited amounts by central banks, and unlike the deposit money created by commercial banks, new bitcoin units are created within a computer network in strict accordance with a fixed mathematical protocol. This process is known as “mining”. The original purpose of bitcoin was to exchange it for goods or services. However, the value of a bitcoin is volatile: it is not guaranteed by any public entities and is only equal to what the other party is willing to pay (or exchange) for it.

The matter is completely different with private stablecoins. The performance of these coins is linked by various stabilising mechanisms to recognised legal tender, such as the euro or the US dollar, or to a basket of assets or physical goods. This should – at least in theory – make it possible to prevent the extreme price fluctuations that are typical of other crypto assets. However, even when you buy stablecoins such as tether, dai or USD Coin, you are taking considerable risks. At the end of the day, you must essentially trust that the stablecoins in question actually carry out the promised hedging transactions and that these actually have the desired effect of stabilising the asset. These activities are not monitored by any supervisory authorities (see Note: BaFin’s scope and limits).

At the same time, other crypto assets are completely different. BaFin recommends that you find out exactly what you actually want to invest in.

Scope and limits of BaFin’s supervision:What role does BaFin play when it comes to bitcoin, ether, tether et al.?

In the case of crypto assets such as bitcoin, ether and litecoin, BaFin neither inspects nor monitors the project initiators – their names usually unknown – who created the programme code (the “protocol”), the “miners” that create the new coins, the programme code or the crypto asset itself. Nor are private stablecoins such as tether subject to BaFin’s supervision.

It is only where crypto assets are designed in such a way as to be classified as securities, capital investments or investment funds, or where private stablecoins (by way of exception) are designed to be able to constitute “e-money” (see Glossary), that there are supervisory requirements for issuing units of virtual currency.

In line with the legal requirements, however, BaFin supervises companies active in Germany that provide services related to crypto assets. This includes crypto trading platforms, firms that operate crypto ATMs and companies that conduct crypto custody business. The latter can be commissioned to hold your crypto assets in custody if you do not wish to keep them yourself in your own electronic “wallet”. But be careful: the mere fact that BaFin supervises these companies does not attest to the quality of the actual crypto assets purchased or held in custody.

See BaFin’s website for current warnings regarding the providers that BaFin is investigating or has found to be conducting business without authorisation.

Also important to know:

If a service provider, such as a platform or a wallet provider, loses money or has to give up its business activities, there is no protective mechanism that will cover a customer’s losses like a deposit guarantee scheme or an investor compensation scheme. There simply are no such systems in place for crypto assets.

Crypto assets are not covered by a deposit guarantee scheme and are generally not covered by an investor compensation scheme either. The status of customers is therefore governed by insolvency law and depends on whether a right of separation (“Aussonderungsrecht”) is provided for based on the structure and execution of the contract between the custodian and the customer.

Be cautious with certificates and CFDs using crypto assets as the underlying!

There is particularly strong growth in the range of certificates and contracts for difference (CFDs, see Glossary) being offered with crypto assets as the underlying. But this sort of “packaging” does not make the crypto asset investment less risky, it merely eases access to it.

The risks posed by the crypto asset have an impact on the certificate or the CFD as well. What is more, the way some certificates are designed can even increase these risks – for example, if the certificate is leveraged, i.e. it disproportionately reflects the performance of the underlying crypto asset.

In addition, certificates and CFDs usually entail higher costs due to additional product-specific costs, such as for hedging transactions, and certificate-specific profit margins that are included in the pricing. The contract terms are also often unfavourable for the investor – for example, some investment certificate terms set out an option for the issuer to terminate the contract at short notice. In summary, both certificates and CFDs involve additional risks that may be considerable and are sometimes extremely complex. There is also a risk that the company issuing the certificates or CFDs will run into trouble or even become insolvent – this is known as counterparty risk or issuer default risk. Finally, you might have a hard time asserting a claim if the company issuing the certificate or CFD has its registered office in countries outside the European Union or is conducting business without the necessary authorisation.

ETN or ETF: One letter makes the difference

Crypto asset products with the abbreviation ETN (exchange traded note) are legally considered bonds and are thus similar to certificates. They should not be confused with ETFsexchange traded funds. The same principle applies here: if an offeror packages a highly speculative asset into an investment product, the investment product itself becomes just as highly speculative. In Germany, it is not permitted to set up an ETF that consists of just one crypto asset such as bitcoin.

Be wary of investment tips on social media and from financial coaches!

The internet and social media platforms are, among other things, a playground for all sorts of players – crypto asset developers and providers but also financial influencers (also called “finfluencers”), financial coaches and other self-proclaimed experts. False promises and simple strategies that will supposedly make you rich are widespread and frequent. Coins and tokens are frequently advertised in an aggressive manner. Posts, videos and other forms of content frequently withhold information that prospective investors would need to know.

For investors who are interested in a particular crypto asset, these sources of information present the difficulty of discerning “the wheat from the chaff”. For this reason, BaFin has published this compilation of guidelines for dealing with investment tips found on social media. Advice on the topic of financial coaches can be found here (in German).

Glossary

Blockchain

Blockchains are tamper-proof distributed data structures in which transactions are recorded in chronological order and mapped in an understandable and unalterable form without any centralised control. Blockchain technology makes it possible to save and manage ownership more directly and efficiently than before because it works on the basis of uninterrupted and unalterable data recording. Though they are the best known, crypto assets are just one application of this technology. Blockchain technology as such is innovative and novel but is not problematic from BaFin’s point of view. More information is available here.

Contracts for difference – CFDs

CFDs are a category of the financial instruments called derivatives, whose price depends on the performance of an underlying. CFDs involve a contract between two parties to bet on how the price of a particular underlying will evolve. Due to significant investor protection concerns, BaFin adopted a product intervention measure with its general administrative act of 23 July 2019, thereby restricting the marketing, distribution and sale of CFDs to retail clients in Germany (see “CFD trading” announcement). In light of the high volatility of crypto assets, CFDs based on such assets are subject to a stricter leverage limit. Retail clients in Germany are permitted to trade CFDs with such underlyings only with leverage of up to 1:2 (initial margin protection)..

Distributed ledger technology (DLT)

DLT refers to the technological framework for using shared digital ledgers on a distributed basis. Blockchains are based on this technology and are thus a possible application of DLT; Bitcoin is the best-known application for the use of blockchains. Blockchains and distributed ledgers can, however, be used for numerous other forms of record keeping and have many other applications apart from bitcoin – one example being the management of digital identities. Both in practice and in academic discourse, the terms "blockchain technology" and "distributed ledger technology" are often used interchangeably as synonyms for each other.

Electronic money (e-money)

Any monetary asset can be deemed e-money. This monetary asset must constitute a claim against the provider; it must be created in return for payment of a monetary amount and be stored electronically. For example, consumers can purchase e-money in the form of a payment card or gift card in a retail shop or online and then use it to pay for goods or services from various online retailers..

Volatility

Volatility refers to the degree of variability of prices. It is a measure of the intensity of fluctuations in the value or price of an asset. Thus, volatility is also a measure of the uncertainty surrounding an investment and its price risk. The higher the volatility, the more the price fluctuates and the more risky an investment is..

Certificates

Certificates are securities that are generally tradable. They are legally considered bonds. Under the terms stated on a certificate, the holder is entitled to the payment or repayment of an amount of money or the physical delivery of an underlying by the issuer of the certificate (see expert article on the BaFin website from 10 July 2019).

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