In 2023, attention to the regulation of digital assets has increased significantly. Numerous legal frameworks have been put forward for consideration worldwide to enhance the security and integrity of this sector. The EU’s adoption of MiCA is perhaps the most prominent example.
And yet, even as many countries have realized the importance of regulations in creating a secure crypto market, we are still a long way from witnessing wider adoption of digital assets.
Why is this the case? Let’s take a closer look at that.
The current state of EU regulations: how does this impact cryptocurrency adoption?
Much of crypto regulation is still in the developing stages as this market is very dynamic. Many of its different areas are still not well enough understood by regulators to develop clear laws. Furthermore, having clear rules means that different countries should have a uniform approach when dealing with crypto assets.
In the European Union, these issues are expected to be resolved by the introduction of the MiCA (Markets in Crypto Assets) framework, which will come into effect in 2024. Its implementation will help strengthen crypto integration with traditional finance as MICA will maintain transparency and overarching rules. in different parts of the crypto industry. This includes marketing, portfolio management, user authentication, token issuance, stablecoins and more.
The introduction of a uniform authorization system in all EU countries through MiCA means that crypto projects no longer require multiple licenses for different jurisdictions in this region. Meanwhile, TradFi players can see if a crypto company has passed a regulatory audit with the only authority that everyone recognizes. This means that dealing with CASPs carries less risk, leading to greater cryptocurrency adoption.
Challenges continue to hinder adoption despite regulatory progress
As promising as MiCA is, increased regulation also brings nuances. While the framework aims to address issues like money laundering and user protection, it also tries to fit everything about crypto into a centralized format. This type of regulation will mainly have a beneficial effect on large market players. This can become a problem for decentralized services and small-scale participants.
For example, let’s look at decentralized exchanges (DEXs). As it is, there are no specific KYC/AML procedures to be followed. But in the future, with this approach from regulators, all decentralized services that interact with EU citizens will be subject to new requirements. Such a transition will be very abrupt and likely painful for these players.
Another prominent issue is the implementation of the crypto asset travel rule. It means that a payment provider must identify its customers and the recipients when conducting transactions. In the TradFi sector, this system is aimed at combating illegal financial activities.
To implement the same measures in the crypto industry, European regulators must first develop the necessary mechanisms and software. Clear guidelines will also need to be issued on how crypto companies should integrate themselves into such a system. But from now on it’s all theoretical. There is no one-size-fits-all solution for how this would work in practice.
Regulatory and operational frameworks: a symbiotic approach is needed
In the crypto industry, you often see a division in perspectives regarding the role of regulation. Some argue that an excessive focus on rules can stifle innovation and hinder the growth of this sector, and instead call for more practical developments. On the other hand, regulation advocates believe that better regulations are essential for market stability and building general trust in cryptocurrencies.
Personally, I think both directions are necessary. Having a comprehensive set of regulations would also lead to practical applications. Firstly, because different countries could develop technological solutions in a compatible manner. And to create such an environment, policymakers must work with the crypto companies that directly create this environment.
This can be done in various ways. Public consultations on the implementation of new rules are a common practice among UK regulators. Another way is through partnerships with exchanges and other CASPs. Create hubs and working groups and invite experts from leading crypto companies to collaborate.
Take the example of Hong Kong: earlier this year, the local regulator encouraged commercial banks to provide services to licensed crypto companies and support their business needs. This kind of attitude is currently making Hong Kong one of the biggest crypto hubs. This jurisdiction is not exactly easy to operate, but the willingness of regulators to get involved with crypto still makes it very attractive for many parties. It is perhaps something that other countries could pursue.
The horizon still remains distant as more considerations need to be addressed
While countries around the world are making efforts to regulate cryptocurrencies, achieving widespread adoption remains a distant goal for several valid reasons. The crypto industry is vast and complicated, making it challenging to create rules that apply to all participants. Most jurisdictions ultimately prioritize regulation within their own borders. This way they can tailor their practices to their unique circumstances and needs.
It is important to strike a balance between creating consistent rules and introducing operational frameworks that enable companies to operate better within them. This is the only way to approach an ecosystem by encouraging innovation while maintaining the necessary safeguards. Once such an ecosystem is in place, cryptocurrency adoption will be much smoother.