Polymarket and Kalshi face an ESMA warning over EU event contracts
Quiet quarter-hour — no significant new platform headline in the last 15 minutes, so this fresh legal/regulatory snapshot leads, in a category different from the…
According to Tronweekly, the European Securities and Markets Authority (ESMA) has warned that Polymarket and Kalshi lack the authorization needed to market and sell event contracts to EU investors. The reported warning centers on licensing and whether the platforms effectively prevent access from restricted jurisdictions.
ESMA said the platforms were serving EU retail investors without a MiFID II investment-firm license or equivalent permission, Tronweekly reported. It also questioned the effectiveness of their IP-based geographic restrictions and VPN controls, saying users in some EU countries could still access their services.
Different platforms, the same authorization question
The platforms operate under different models. Polymarket uses decentralized conditional token contracts on Polygon and settles in USDC. Kalshi is a designated contract market regulated by the U.S. Commodity Futures Trading Commission (CFTC). According to Tronweekly, neither has permission to solicit EU clients.
The report describes event contracts structured as binary options or derivatives as financial instruments, putting authorization at the center of the EU debate. The market’s scale adds significance to that question: Dune Analytics data cited by Tronweekly showed Polymarket processed more than $3.2 billion in volume during the 2024 U.S. election cycle.
National enforcement is the next issue
Tronweekly identifies BaFin, AMF and AFM as national regulators responsible for EU enforcement. Potential measures include investor alerts, cease-and-desist orders and stronger geographic restrictions tied to know-your-customer checks. These are described as possible next steps, rather than actions already taken.
The report also points to potential enforcement under MiFID II and the Market Abuse Regulation, alongside MiCA compliance requirements where stablecoins are used for settlement. It raises the possibility of scrutiny extending to protocols such as Azuro and Drift, while identifying frontend and oracle-related exposure for developers, particularly in the Polygon ecosystem.
For institutions using event contracts to hedge CPI releases or Federal Reserve decisions, the report highlights uncertainty over continued access. In the United States, it says the CFTC continues to debate whether certain political contracts constitute wagering—another unresolved boundary between derivatives and betting.
What it means for prediction markets
- Access controls are a key test. Stronger KYC-linked restrictions could reduce EU participation if national authorities pursue the measures outlined in the report.
- U.S. oversight does not resolve EU permissions. Kalshi’s CFTC status and Polymarket’s decentralized infrastructure do not answer the authorization concerns described by Tronweekly.
- Liquidity could become more fragmented. Tighter restrictions could deepen the separation between regulated and offshore venues, changing where participation and liquidity concentrate.
- Distinguish warnings from implemented restrictions. The report describes potential enforcement measures; it does not establish that the named national regulators have already imposed them.
- Tronweekly (tronweekly.com)https://www.tronweekly.com/polymarket-kalshi-face-esma-warning-eu-contract/