May 23, 2023

MiCA Paving the Way: From Liability to Transparency

MiCA Paving the Way: From Liability to Transparency
  • The EU's new MiCA regulation holds cryptocurrency exchanges directly accountable for customer losses, representing a major shift towards increased protection and transparency in the sector.
  • MiCA regulation introduces significant compliance challenges for crypto exchanges while promising enhanced user protection, potentially boosting confidence and cryptocurrency adoption.
  • The MiCA regulation could set a global precedent for cryptocurrency regulation, emphasizing the delicate balance between protecting investor interests and fostering innovation in the rapidly advancing field of cryptocurrencies.

Europe's ascent as the “World's biggest cryptocurrency economy” is underscored by several telling statistics. In 2020 alone, the continent received over 870 billion Euros in crypto. Moreover, the Central, Northern, and Western Europe regions accounted for a quarter of the global cryptocurrency activity. 

Significantly, between July 2020 and June 2021, transfers from large institutional investors mushroomed from 1.2 billion Euros to 39.6 billion Euros, highlighting the escalating crypto activities in the region and setting the stage for imminent regulatory interventions.

In response to this burgeoning crypto economy and a series of high-profile incidents leading to significant customer losses, the European Union has enacted a sweeping set of regulations. The newly introduced Markets in Crypto Assets (MiCA) regulation holds cryptocurrency exchanges directly accountable for customer losses. 

This fundamental shift in the handling of digital assets is aimed at providing a protective shield for investors. By imposing higher standards of transparency, data security, and operational integrity on exchanges, the rules promise to enhance protection and reliability for customers. 

Beyond Europe, these pioneering regulations could act as a blueprint for the global crypto industry, stimulating broader acceptance of such rules while presenting significant compliance challenges for crypto exchanges. 

As the EU navigates this new terrain, the balancing act between protecting investor interests and fostering innovation could shape the future of the crypto industry worldwide.

EU's Landmark Crypto Rules

On 16th May 2023, the European Union adopted a regulation on Markets in Crypto Assets (MiCA), initiating a continent-level legal framework for the crypto industry for the first time. The regulatory framework would apply to crypto assets, asset issuers, and crypto-asset service providers.

The provisions on assets issuers and e-money tokens will apply from 12 months after entry into force, expected to be spring 2024. Other provisions of MiCA will apply from 18 months after entry into force (i.e., in the second half of 2024).

Significance of the Rules

The rules will hold providers liable for losing investors’ crypto assets. All 27 EU member states need to comply with these rules from 2024 onwards. 

Under these new rules, providers mean utility token issuers, issuers of asset-referenced tokens and stablecoins, providers of trading venues, and wallet services. 

The aim behind introducing the regulations is to safeguard investor assets, maintain stability in the system, and allow the sector to become more attractive for its trustworthiness and innovation.

A Brief History of the EU Cryptocurrency Regulations 

The attempts to regulate cryptocurrencies do not start with the introduction of MiCA. While the EU presented the MiCA proposal in September 2020, regulatory attempts toward crypto have been prevalent since 2013.

  • 2013: The first official statements and analysis on virtual currencies came from the European Banking Authority.
  • 2014: The EBA identified more than seventy risks arising from virtual currencies for all possible sorts of market participants. The EBA also suggested measures to deal with governance, capital requirements, and segregation of client accounts. 
  • 2016: The European Central Bank analyzed virtual currency schemes and acknowledged the potential advantages of virtual currencies despite an overall negative assessment. 
  • 2017: The European Securities and Markets Authority (ESMA) issued a report on Distributed Ledger Technology and its application to Securities markets.
  • Early 2018: The European Parliament commissioned two reports. One was on virtual currencies and Central banks’ monetary policy. The second was on the fight against the illicit use of cryptocurrencies.
  • Late 2018: The Financial Stability Board released a paper on the crypto assets market and its financial stability implications.
  • 2019: The International Monetary Fund singled out supervisory and regulatory elements to assist policymakers.
  • 2020: It was only on 24th September that the European Commission introduced the Markets in Crypto Assets (MiCA) proposal as part of a larger digital finance package. 
  • 2021: On 24th November 2021, the council adopted its negotiating mandate on MiCA.
  • 2022: On 31st March, the tripartite co-legislative discussions started. The discussions ended with a provisional agreement struck on June 30th, 2022.
  • 2024: By July 2024, stablecoin-related provisions will come into effect. 
  • 2025: By this year, the remaining provisions of MiCA, other than those related to the issuance of asset-referenced tokens and e-money tokens, are anticipated to come into effect.

The rules discussed in this article are seen as the formal adoption of the regulation. 

What led to These new Regulations?

The need for crypto regulations, chronicled in the timeline above, has always been there in the Europe market. Yet, a few incidents in the global crypto market made it all the more necessary and relevant. 

One of the most prominent of these incidents was the collapse of FTX, one of the world’s largest cryptocurrency exchanges. Not only did it impact the European crypto market, but it also sent shockwaves at a global level as the founder Sam Bankman-Fried's fortune depleted from nearly US$16 bn to zero within days. 

Another incident that made people aware of the potential risks of volatility in the crypto market was the collapse of stablecoin Terra. Within a week in 2022, the stablecoin Terra and its sister token Luna collapsed, wiping out as high as nearly half a trillion USD from the crypto markets. 

The New Regulations Details

One has to remember that nearly all of these funds lost in the incidents cited above were customer assets, either in the form of investments or deposits. In a bid to prevent such losses, the new rules hold crypto-asset service providers liable for customer losses. 

Crypto Exchange Liable for Customer Losses

The rules want the issuers of asset-referenced tokens to have an adequate custody policy for their reserve assets to prevent loss and preserve the value of the assets. 

The crypto-asset service providers should also be held liable for losses incurred from incidents relating to Information and Communication Technology (ICT). Such incidents might include cyber attacks, theft, or malfunctions. 

Service providers, issuers of asset-referenced tokens, and e-money tokens will also be held liable for the information they have offered in a crypto-asset white paper. 

In Focus: Traceability of Crypto Assets and Crypto Consumer Protection

Apart from holding exchanges liable for customer losses, other key components of the regulation deal with the traceability of crypto assets, consumer protection, etc. For instance, the rules want to ensure that crypto assets stay traceable. 

The council also wants its rules to create adequate arrangements for “enhanced consumer protection” and “safeguards against market manipulation and financial crime.”

The EU also wants crypto providers to share their energy consumption details. Moreover, all providers will need to have a license to issue, trade, and safeguard crypto assets, tokenized assets, and stablecoins. 

Crypto Licensing and Non-compliance Penalties

Crypto service providers operating without a license will have to go through inclusion in an ESMA (European Securities and Market Authority) public registry. In this registry, these unlicensed providers will document their non-compliance. 

Implications for Exchanges

The most radical step is that exchanges will be held liable for losing investors’ crypto assets. Also, in ensuring traceability, the exchanges need to ensure that they have a mechanism to trace crypto assets. 

MiCA traceability requirement is not a new concept, however, as it is similar to how banks keep a trace of money transfers.

But it cannot be denied that traceability in crypto assets is a double-edged sword. While it enhances security and regulatory compliance, it also raises critical concerns about user privacy. 

Although exchanges have no option but to implement traceability, as MiCA makes it mandatory, they must ensure meticulous data governance and robust encryption methods to protect user data. 

Transparency about these practices is crucial, with users having the right to know what data is collected, its use, and protective measures in place. It is paramount to strike a balance between security, regulation, and privacy in this ever-evolving cryptocurrency space.

In case of suspicious transactions, exchanges should ensure they have appropriate blocking mechanisms in place. 

Besides these, the exchanges will also have to declare their energy consumption details and apply for operating licenses.

Potential Crypto Exchange Challenges

Putting up a robust compliance process could always be challenging. The exchanges will have to ensure zero scopes of technological vulnerability. Additionally, they need to ensure that operations are at par with what has been committed in the whitepapers.

Compliance Strategies for Crypto Exchanges

To cope with several compliant requirements enforced under MiCA, exchanges have no options but to make operational adjustments. For instance, the rules necessitate enhanced monitoring of exchanges' source and destination addresses. 

Adhering to FATF regulations could no doubt contribute to a robust and streamlined compliance process. However, exchanges will require a Travel Rule Solution, such as Shyft Veriscope, to comply with the FATF Travel Rule requirements while protecting their customers’ user experience and privacy. 

More on Shyft Veriscope’s capabilities: Shyft Veriscope - The Critical Infrastructure Underpinning FATF Travel Rule

Implications for Customers

The rules do not apply to P2P transfers. However, transactions above 1,000 Euros from self-hosted wallets come under their purview as and when they connect to wallets hosted by crypto asset service providers. 

Crypto Consumer Protection

Authorities insist that these rules seek to reduce opportunities for intrusion into the system. Hence, hacks, breaches, and data security concerns - all could be reduced if these sets of rules are properly followed. 

Impact on Crypto Consumer Confidence and Behavior

Enhanced consumer protection and transparency in the system would increase the sector's attractiveness. It will improve credibility and trust, potentially resulting in improved traction and adoption of crypto in the country. 

Impact on the Global Crypto Industry

Regulation of crypto asset exchanges would involve collecting and transferring data between different jurisdictions.

In many cases, one party would be a jurisdiction outside Europe. However, successfully completing the transaction would require exchanges in that jurisdiction to stay compliant with European regulations. 

Global Influence of EU Crypto Regulations 

With the EU getting its house in order, other parts of the world, such as the United States and the United Kingdom, will have to keep up with the EU regulations. 

Other countries in the European region, such as Switzerland and the UK, known for their happening local crypto scene, will be impacted as well, despite not being a member of the 27-nation bloc. 


In Switzerland's case, given the intricate web of business relationships with the EU, Swiss crypto companies must check if MiCA or another EU rule, MiFID II, affects them, especially when dealing with certain tokens like securities. 

Also, MiCA brings unique rules for "stablecoins," requiring issuers to have an EU-based office and a special license. 

These changes demand Swiss crypto businesses to quickly understand MiCA's impact and determine which services they can offer from Switzerland to EU countries and what tokens need a special document, the "crypto asset whitepaper," to be recognized in the EU.

The United Kingdom

The UK has decided on a phased regulatory approach. It might start with stablecoins and then continue with unbacked crypto assets. This strategy is set to interplay with the European Union's Market in Crypto-Assets (MiCA) regulations. Even though the UK is no longer an EU member, the ripple effects of MiCA regulations can't be ignored.

With MiCA creating a unified framework for crypto assets across the EU, UK-based companies offering crypto services in the EU will need to adapt. Compliance with MiCA, regardless of the UK's local regulations, will become essential for firms looking to operate within the EU. 

On the flip side, the far-reaching and comprehensive nature of MiCA may influence the UK's phased regulatory approach. It could also serve as a potential blueprint for UK regulators, particularly when moving towards unbacked crypto assets. 

Middle East & Asia

The new framework could potentially reconfigure cross-border digital asset transactions involving EU, Middle East, and Asian entities. Given the substantial number of Asian and Middle Eastern businesses and individuals engaged in crypto-related activities within the EU, the MiCA regulations could potentially impact asset flows, particularly those dealing with certain crypto assets subject to more stringent MiCA requirements.

Moreover, the increased regulatory oversight under MiCA may instigate a realignment of crypto asset flows, potentially diverting some towards jurisdictions with less stringent regulations. Crypto businesses or investors looking for a more flexible regulatory environment might consider migrating their operations or investments to territories with more lax rules. 

The Middle East and parts of Asia, which have been comparatively less stringent in their approach to crypto regulation, could become attractive destinations for such shifts. However, this could also lead to a double-edged sword scenario where the increase in crypto activities could prompt these regions to establish more robust regulatory frameworks, echoing the rigorous standards of the EU's MiCA.

United States

Major US crypto businesses, like Genesis, Gemini, and Bittrex, have had legal troubles, making others in the industry worry about the future. Big player Coinbase is now asking for clear rules for crypto companies, pushing the US Securities and Exchange Commission (SEC) to make a decision.

In contrast, the EU has been working hard to create rules that protect customers and promote new ideas in the crypto industry. Their rulebook, MiCA, provides clear instructions for companies working with crypto. This not only helps protect people using these services but also builds trust in crypto businesses. It even encourages more use of the technologies behind crypto, like blockchain. 

Other countries, including the US, may look to MiCA as an example when making their rules. While the US is currently dealing with different rules from different bodies, it could learn from the EU's clear and practical approach. It's crucial for the US to find a balanced and flexible way to manage crypto, promoting new ideas while ensuring companies follow the rules.

The Potential Impact of MiCA Regulations on DeFi Protocols

The new MiCA regulations have sparked questions within the crypto community, particularly about their impact on DeFi protocols. The language of the regulations is complex, causing some debate about whether they even apply to DeFi. Some reports suggest they don't.

Despite this, it's wise for funds looking to invest in decentralized finance and DeFi protocols to prepare for compliance. Even if certain decentralized activities seem unaffected by the rules, the broad scope of the regulations could still touch various aspects of DeFi operations.

Frequently Asked Questions: Fast Check on Everything MiCA

Q1: What is the new MiCA regulation introduced by the EU?

The Markets in Crypto Assets (MiCA) regulation is a new set of rules introduced by the European Union to regulate crypto assets, their issuers, and service providers. A vital component of this regulation is that it holds cryptocurrency exchanges directly accountable for customer losses.

Q2: Why has the EU introduced this regulation now?

The introduction of this regulation comes in response to the growing prevalence and influence of cryptocurrencies within the European economy, as well as several high-profile incidents that have led to significant customer losses. The intent is to protect investors and provide a more stable and trustworthy framework for the operation of the crypto sector.

Q3: What are the implications of these regulations for crypto exchanges?

Crypto exchanges will now be held to higher standards of transparency, data security, and operational integrity. They will be directly accountable for any customer losses, which means they will need to ensure robust security measures and operational protocols are in place.

Q4: How will these regulations impact customers?

Customers stand to benefit from enhanced protection and greater reliability in the crypto sector. These regulations aim to reduce the risk of losses due to incidents like hacks, breaches, and data security concerns.

Q5: Do these regulations have any implications outside of the EU?

Yes, these regulations could potentially shape the global crypto industry. They could act as a blueprint for other significant players like the United States and the United Kingdom, stimulating broader acceptance of such rules.

Q6: What challenges can crypto exchanges expect as a result of these regulations?

Compliance with these regulations will be a significant challenge for crypto exchanges. They will need to ensure they have zero technological vulnerabilities and that their operations are in line with commitments made in their whitepapers. They will also need to apply for operating licenses and declare their energy consumption details.

Q7: How will these regulations impact the future of the crypto industry?

The regulations represent a significant step in the evolution of cryptocurrency regulation. By striking a balance between protecting investor interests and fostering innovation, these rules could shape the future trajectory of the crypto industry not just in the EU but worldwide.

Looking Ahead: The Future of EU and Global Crypto Regulation

As the landscape of cryptocurrency continues to evolve, the trajectory of these new regulations remains to be fully discerned. If judiciously implemented and navigated with an understanding of their subtleties, these rules could potentially set a regulatory precedent for the rest of the world to follow.

The task ahead for the EU is multifold: it must diligently safeguard investor interests and curb potential misuse of funds. At the same time, it carries the responsibility to ensure that regulatory frameworks do not stifle innovation but instead foster growth in this rapidly advancing, technology-driven field of cryptocurrencies. The delicate balance between regulation and innovation will define the future of the crypto industry not just in Europe but globally.