Innovation through regulation: A comprehensive regulatory framework for blockchain-based services and products

Abstract

This paper analyses the regulatory approach currently adopted both at European Union (EU) level (in particular, making reference to the guidelines, opinions and consultations issued by the European Supervisory Authorities [ESAs]), and at national level, focusing on the sole jurisdiction, which, so far, has created a bespoke regime for distributed ledger technology (DLT)-based services and/or products. After having briefly outlined the concept of DLT and crypto-assets and their potential applications within the financial services industry, this paper looks at the current approach developed by the ESAs with respect to DLT-based services and products. The paper then focuses focus on the recent framework introduced by Malta, the first EU jurisdiction regulating DLT-based services and products in a comprehensive manner. In particular, this paper analyses, adopting a pragmatic approach, the main features of the aforesaid bespoke regime. In conclusion the paper analyses whether a harmonised approach, adopted at EU level, should be preferred to a series of nation-wide regimes, which, given the cross-national nature of financial services, might lead to harmful regulatory arbitrage across the continent.