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What is Insider Trading and How It’s Regulated in the UK

- July 7, 2025 - Team Invest in Brands

Insider trading is when someone uses confidential information about a company to gain an unfair advantage in the stock market. This means they buy or sell shares using knowledge that the general public doesn’t have yet.In the UK, insider trading is illegal and strictly monitored. It affects market trust and harms regular investors, which is why it’s treated seriously under UK law.

Examples of Insider Trading in Real Life

To understand this better, imagine:

  • An executive knows their company is about to announce poor financial results.
  • They sell their shares before the announcement, avoiding a loss.
  • Or they may hear about a merger that’s not yet public and buy stock to make a profit when the news becomes public.

Both of these examples are classic cases of insider trading, and both are illegal in the UK.

Types of Insider Trading

There are generally two types:

  1. Illegal Insider Trading
    • Trading based on non-public, price-sensitive information.
    • Includes both buying and selling.
  2. Legal Insider Trading
    • When directors or employees buy/sell shares after publicly disclosing the information.
    • Must follow specific rules and timeframes.

Who Can Be Considered an Insider?

Insiders aren’t just company executives. The list includes:

  • Employees of the company
  • Auditors, lawyers, consultants
  • Family members or friends who get the info
  • Government or regulatory workers with access to market-sensitive data

Anyone with access to unpublished, price-sensitive information can be held accountable for any actions taken based on that information.

How is Insider Trading Regulated in the UK?

The Financial Conduct Authority (FCA) is the UK’s leading watchdog when it comes to market behaviour.

Here’s how it handles insider trading:

  • Market Abuse Regulation (MAR): Applies to all trading in the UK. It defines what insider information is and how it must be handled.
  • Criminal Sanctions: Under the Criminal Justice Act 1993, insider trading is a criminal offence.
  • Civil Actions: The FCA can issue fines, bans, and orders.
  • Surveillance Technology: The FCA uses modern tools to monitor trading patterns, spot suspicious activity, and investigate tip-offs.

Key Laws You Should Know

If you’re investing or trading in the UK, keep these laws in mind:

  1. Criminal Justice Act 1993 – Makes insider trading a criminal act.
  2. Financial Services and Markets Act 2000 (FSMA) – Gives the FCA power to regulate.
  3. Market Abuse Regulation (EU 596/2014) – Although it originated from the EU, it remains in force in the UK post-Brexit and is still enforced.
  4. UK Market Abuse Regulation (UK MAR) – Tailored version post-Brexit, enforced by the FCA.

Penalties for Insider Trading in the UK

The consequences of insider trading are serious:

  • Fines: Often running into hundreds of thousands of pounds.
  • Imprisonment: Can face up to 7 years in jail.
  • Ban from Working in Financial Services.
  • Reputation Damage: Hard to recover professionally after being convicted.

This is why companies often conduct strict compliance training to ensure employees don’t unintentionally cross the line.

Why Insider Trading is Harmful

Here’s why insider trading is seen as such a big issue:

  • It’s unfair: Regular investors don’t have access to the same info.
  • It breaks trust: People lose faith in the market.
  • It affects prices: The market becomes distorted and unstable.
  • It damages the company’s reputation: Firms associated with scandals lose value and credibility.

In short, insider trading is a direct attack on the principle of a fair and transparent market.

How the UK Market Maintains Integrity

To keep the market clean and trustworthy:

  • Public companies must release inside information quickly.
  • Employees involved in confidential matters are added to “insider lists”.
  • During sensitive periods (like mergers or financial reporting), firms may implement trading blackouts.
  • The FCA collaborates with other global agencies to monitor cross-border transactions.

What Should Companies and Individuals Do?

If you work with sensitive information, follow these steps:

  • Don’t trade if you have access to unpublished info.
  • Don’t share confidential data with family or friends.
  • Report suspicious activity to compliance departments or directly to the FCA.
  • Stay informed about what constitutes insider knowledge.

This ensures that both individuals and businesses are protected from legal trouble.

What Happens at Events Focused on Market Conduct?

Attending seminars, workshops, or expos focused on market conduct and trading ethics offers valuable insight.

Here’s what such events typically cover:

  • Case studies of past insider trading cases
  • How to build a compliance culture
  • Updates on FCA regulations
  • Tips for avoiding grey areas

The benefit? You’ll walk away with real, practical knowledge — not just theories — and understand how to operate responsibly in today’s financial world.

You also meet experts from the FCA, compliance officers, and legal advisors who share real-world strategies and best practices.

Is There a Positive Side to Regulation?

Absolutely. Regulation:

  • Builds public trust in the market.
  • Makes companies more accountable.
  • Encourages long-term investment.
  • Reduces market manipulation and fraud.

Although some argue that regulations are strict, they ensure that everyone plays fair, and that’s what keeps investors coming back.

Conclusion: Why Insider Trading Awareness Matters

Insider trading may sound like a behind-the-scenes thing that doesn’t concern regular investors. But in reality, it affects everyone who participates in the market, from small shareholders to large institutions.

Regulations in the UK are clear and strict, and rightly so. If you’re investing, trading, or working in finance, understanding what counts as insider trading and how it’s monitored helps you stay on the right side of the law.

It’s not just about staying safe — it’s about being part of a market system that values transparency, fairness, and integrity.

Want to join a conference and learn more about market conduct, insider trading awareness, and FCA updates?

   Click here to visit and book your ticket

Top Blogs to Learn More About UK Market Regulation & Insider Trading

  1. Investopedia UK
  2. The Motley Fool UK
  3. This is Money

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