Updating the Crypto Assets Regulation and establishing a pilot regime for distributed ledger technology

03-03-2021

The markets in crypto assets (MiCA) proposal intends to adapt to the latest technological trends in the FinTech sector. The briefing analyses the strengths and weaknesses of the impact assessment (IA) accompanying the MiCA and DLT proposals. The IA is quite technical and difficult to read for a non-expert. The policy options were compared against the criteria of effectiveness, efficiency and coherence, but not against proportionality, which is required by the better regulation guidelines. The preferred option is a mix of various options, and one of the preferred options is transferred into another, new legislative proposal, i.e., on the DLT. The IA foresees cost reduction for business due to the use of DLT, which saves costs compared to the traditional trading activities, with new entrants facing one-off costs similar to multilateral trading facilities (MTFs).

The markets in crypto assets (MiCA) proposal intends to adapt to the latest technological trends in the FinTech sector. The briefing analyses the strengths and weaknesses of the impact assessment (IA) accompanying the MiCA and DLT proposals. The IA is quite technical and difficult to read for a non-expert. The policy options were compared against the criteria of effectiveness, efficiency and coherence, but not against proportionality, which is required by the better regulation guidelines. The preferred option is a mix of various options, and one of the preferred options is transferred into another, new legislative proposal, i.e., on the DLT. The IA foresees cost reduction for business due to the use of DLT, which saves costs compared to the traditional trading activities, with new entrants facing one-off costs similar to multilateral trading facilities (MTFs).