#EUCI, with other 5 organisations and 55 signatories, has written an open letter addressing concerns regarding the #DataAct.
We call on lawmakers to reconsider and clarify certain aspects of it, to ensure neutrality and legal certainty in the #blockchain industry.
🟣 Article 2(16)
The current definition of 'Smart Contracts' is broad, and we fear it may lead to unintended consequences for existing #SmartContracts on public #blockchains, such as Ethereum, Avalanche, Cardano, Cosmos, IOTA, NEAR, Chromia, and Polkadot.
We propose three alternative solutions to bring more legal clarity:
substituting 'Smart Contract' with 'Digital Contract', clarifying the scope of Article 30, or limiting Article 2(16) to privately operated and permissioned electronic data records.
🟣 Article 30
The wording of Article 30 could potentially jeopardise the growth of #DeFi, which heavily relies on public #blockchains and Smart Contracts.
We believe that refining this article is crucial to mitigating unintended economic impacts on the Single Market and preserving the competitiveness of European #blockchain innovations.
We urge lawmakers to consider our proposals to ensure that the #DataAct fosters a regulatory environment conducive to innovation without stifling the immense potential of #DLT applications.
We remain open to further discussion and are committed to working with relevant stakeholders to achieve greater legal clarity and technological neutrality in the #DataAct.
1/ In the ever-evolving world of emerging technologies, #SafeHarbor provisions serve a vital role in striking a balance between fostering innovation and providing legal protection for businesses operating in uncertain legal environments 🧵
2/ By complying with specific rules or standards, entities can benefit from legal protection, allowing them to focus on promoting innovation in their respective industries.
3/ For instance, the #US Digital Millennium Copyright Act and the European e-Commerce Directive both provide safe harbor provisions aimed at protecting internet service providers from liability for third-party content.
1/ Are you curious about how regulators can foster innovation in industries like #blockchain and #cryptocurrency while ensuring compliance? Enter the world of regulatory sandboxes 🧵
2/ Regulatory Sandboxes are an approach that empowers businesses to test their innovative products and services in real-world settings while being closely monitored by regulatory authorities.
3/ Unlike traditional regulation, regulatory sandboxes create an environment where regulators collaborate with innovators, ensuring that new ideas and business models adhere to #compliance requirements.
The European Systemic Risk Board (#ESRB) has released a report diving into EU non-bank financial intermediation risk monitoring from June to December 2022 and the risks that could impact non-bank actors in the #crypto industry. We've read it for you👇
1️⃣ Persistent credit risk - Opaque business structures and unsustainable business models leading to default
2️⃣ Market risk - Boom and bust cycles fuelled by leverage and the speculative nature of assets
3️⃣ Liquidity risks - Business models built on maturity & liquidity transformations without appropriate safeguards, resulting in vulnerability to 'runs'
1/ In light of today's second political trilogue, we are sharing our position on #AMLR. We discuss our concerns & recommendations to strike the right balance between tackling financial crimes & fostering innovation in the #blockchain & #crypto industries.
2/ 🟣 We highlight the issue of double scoping of #CASPs as both financial institutions & a standalone category, potentially leading to legal confusion. We ask legislators to revert back to the EC's initial proposal for defining obliged entities under #AMLR.
3/ 🟣 We address the inclusion of #NFTs services as obliged persons, Metaverse, #DAOs & #DeFi arrangements. We urge legislators to remove unnecessary references, considering the diverse nature of NFTs & the nascent stage of the Metaverse and DeFi.
IOSCO recently published its long-awaited consultation report on regulating #CryptoAssets, consisting of 18 high-level recommendations for global regulators to take into consideration when crafting and enforcing rules in this area.
⏰ The deadline to provide feedback has been set for 31 July, with a view to finalising them by September/October this year
👇 Key points of IOSCO's recommendations EU's #MiCA framework:
Main focus: Market integrity & investor protection;
Require #CASPs to implement fair, orderly, and timely transactions;
The European Systemic Risk Board (ESRB) has published a report addressing the systemic implications and policy options for crypto-assets and #DeFi within the #EU, warning that the current regulatory landscape has gaps that must be addressed.
The ESRB identifies 3 key priorities for mitigating risks:
1️⃣ Enhancing EU's capacity to monitor potential contagion risks between #crypto and traditional finance: this involves standardising reporting and disclosure requirements for institutions with exposure to crypto-assets.
2️⃣ Assessing the risks posed by crypto-conglomerates and leveraging crypto-assets: the ESRB highlights risk transmission channels and the potential negative outcomes related to the combined crypto-asset services within a single legal entity.