- ESMA recognized that while investor exposure to DeFi remains relatively limited, there were significant risks to investor protection.
- The agency vowed to delve deeper into this fast-growing market and promised to release annual reports on the sector.
The European Securities and Markets Authority (ESMA) has done this issued a stern warning about the “serious risks” associated with decentralized finance (DeFi), highlighting concerns despite the nascent state of this innovative technology.
ESMA, a key EU agency tasked with setting regulations under the Markets in Crypto Assets Regulation (MiCA), raised concerns about the DeFi space.
Policymakers are grappling with the challenge of creating regulatory frameworks for a field that operates without centralized intermediaries, unlike traditional entities such as banks or stock exchanges.
In a report released on October 11, ESMA acknowledged that while investor exposure to DeFi remains relatively limited, significant risks exist to investor protection.
These concerns stem from the highly speculative nature of many DeFi schemes, operational and security vulnerabilities, and the absence of a clearly identified responsible party.
The authority expresses concerns about DeFi despite its nascent state
The Paris-based agency vowed to delve deeper into this fast-growing market and promised to release annual reports on the sector. DeFi works through smart contracts and automates financial services such as loans.
In principle, DeFi reduces the risk of counterparty default. However, ESMA’s report noted the increased volatility in crypto markets and the anonymity inherent in DeFi, which can encourage dubious practices such as wash trading, a manipulation tactic involving inflated sales volumes.
Just last week, ESMA introduced a set of new regulations for crypto asset service providers under MiCA. These rules include requirements for environmental information in issuers’ white papers.
In the October 11 report, ESMA highlighted the diverse nature of smart contracts used in DeFi, ranging from financially motivated Ponzi schemes to operational memory management.
ESMA’s concerns about DeFi regulations are not unique. Regulators around the world are grappling with how to approach DeFi projects. The International Organization of Securities Commissions recently proposed that DeFi projects should be put on par with conventional finance.
In response to a consultation by French financial regulator AMF, the EU Crypto Initiative, a lobby group, argued that DeFi warrants a tailor-made approach. They emphasized that programmers should not be held legally responsible simply because they are aware that their code could potentially be exploited.
