Brussels

Shaping the Future of Crypto Regulation

July 10 2024, Brussels

Insights from the MiCA Roundtable in Brussels

The fourth event in this series took place on July 10, 2024, in Brussels. This roundtable, held in cooperation with the European Commission and sponsored by Apco and Crystal Intelligence in cooperation with the Web3 Foundation, brought together a diverse group of experts to discuss key issues related to the implementation of MiCAR.

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MiCAR Roundtable Expert Series

Key Highlights

The discussion on disclosures and whitepapers, led by Beata Sivak from Kraken, focused on the challenges associated with the scope, timelines, and liabilities of MiCA’s disclosure requirements. The roundtable emphasized the need for clear definitions regarding the scope of whitepapers, especially for decentralized assets and assets with no issuer. Participants discussed the feasibility and reliability of environmental disclosures required before whitepapers, and the liability issues tied to the preparation and use of whitepapers. The need for comprehensive regulatory guidance to address these challenges was highlighted.

Romena Urbonaite from Bitpanda highlighted the complexities and challenges of harmonizing supervision across EU member states. The discussion centered on the need for consistent supervisory practices, the potential benefits of centralized EU-level supervision, and the importance of clear criteria for significant CASPs to ensure effective regulatory oversight.

Roeland Van der Stappen from the Swiss Finance Council led the discussion on reverse solicitation requirements. The primary focus was ensuring EU consumers engage with authorized CASPs. The roundtable explored the broad interpretation of solicitation, the challenges for third-country firms, and the need for a clear nexus between brand marketing and specific crypto asset services or products to maintain a level playing field.

Primary Calls to Action

Supervision under MiCA: Significant Issuers and CASPs

Harmonize supervisory practices across all EU member states, standardizing administrative penalties and supervisory powers to prevent regulatory arbitrage.

Reverse Solicitation Requirements

Establish a clear nexus between brand marketing and specific crypto asset services or products to ensure fair application of reverse solicitation rules.

Disclosures & Whitepapers

Develop a liability framework for whitepapers that clearly distinguishes the responsibilities of the preparers and users. Establish standards for third-party preparation of whitepapers and implement a streamlined notification system to ensure all parties have access to consistent information.

Conclusion

By fostering these expert discussions and implementing the recommended actions, the MiCAR Roundtable Series aims to enhance the regulatory framework for crypto-assets, promoting stability, transparency, and innovation in the digital finance sector. For more information and to participate, please contact the organizers at mariana.delaroche@validvent.com or nina.siedler@siedler.legal.