The Dutch crowdfunding market is evolving rapidly, with business-to-business platforms consistently raising over one billion euros annually for SMEs. This growth is accompanied by the European Crowdfunding Service Providers Regulation (ECSP Regulation), which has been directly applicable in all EU Member States since 10 November 2021. It is the first harmonised European supervisory framework for crowdfunding and aims to promote cross-border service provision and ensure investor protection.
For platform operators, the applicable regime may seem straightforward: an ECSP licence settles the matter. In practice, the situation is far more complex. Whether an activity falls within the ECSP Regulation’s scope, and which national obligations continue to apply alongside it, creates a persistent grey area. This poses substantial risks for platforms that underestimate it.