On 21 December 2018, ESMA published a notice of its decision adopted on 14 December 2018 under Article 40 of MiFIR to renew the prohibition on the marketing, distribution or sale of binary options to retail clients.

The decision has applied from 2 January 2019, and will apply for a period of three months. The full text of the decision was published in the Official Journal of the EU (OJ) on 27 December 2018; the decision entered into force the following day.