Copy Trading Unveiled: The Regulatory Need for Investor Protection in India

Rapid fintech advancements have grappled regulators worldwide with the complex task of balancing innovation with investor protection. This paper delves into the evolving landscape of financial technology, with a specific focus on copy trading. Through a comprehensive review of existing literature, it becomes evident that there exists a significant gap in research concerning the regulatory framework governing copy trading in India. To bridge this gap, we initiate an academic discourse on copy trading, its prevailing models, and the existing domestic regime. We examine the need for regulatory oversight by SEBI of copy trading in India, driven by key concerns such as the presence of unqualified signal providers, excessive risk-taking by inexperienced investors, and the amplification of these issues by potential conflicts of interest. To address these challenges, we draw from international regulatory initiatives like ESMA’s Supervisory Briefing, alongside efforts by the FCA, among others. We propose a tailored regulatory framework suited to the Indian context, which includes the following key measures: (i) placing the responsibility on copy trading platforms to ensure that no unqualified signal providers operate on their platform, (ii) implementing dynamic classification of signal providers to mitigate excessive risk and enforce adequate risk disclosures by intermediaries, and (iii) mandating clear disclosures regarding affiliations between signal providers and the trades they recommend, to address potential conflicts of interest.