The legal regulation of crypto-assets is a new area, so far unregulated or regulated only very generally. Simultaneously, the European Union is a prizewinner in this area, as it is one of the first to try to regulate these issues comprehensively. The new regulation in the European Union in the form of Markets in Crypto-Assets Regulation (MiCA Regulation) has been set to become effective from 30.12.2024, with some rules having already become effective six months earlier. This new legislation introduces significant new requirements, particularly for entities operating in crypto-assets markets, such as consumer protection, information, and record-keeping issues. The aim of this article has been to analyze the MiCA regulation in detail about the duties that have been newly introduced especially for entrepreneurs and to highlight the most significant changes using selected examples. This article employs a qualitative research approach to analyze the MiCA regulation in detail, focusing on the new duties introduced for entrepreneurs. The study includes a thorough review of the regulatory texts, complemented by treatise that illustrates the most significant changes. The analysis of the MiCA regulation reveals several key findings. First, the regulation introduces stringent compliance requirements. New reporting and operational obligations pose challenges but also provide opportunities for increased transparency and investor confidence. The most notable changes include enhanced consumer protection measures and stricter anti-fraud regulations, which could ultimately foster a more secure market environment.

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New Regulation of Crypto-Assets in the European Union as an Opportunity and a Threat for Entrepreneurs

  • Michal Kozieł

摘要

The legal regulation of crypto-assets is a new area, so far unregulated or regulated only very generally. Simultaneously, the European Union is a prizewinner in this area, as it is one of the first to try to regulate these issues comprehensively. The new regulation in the European Union in the form of Markets in Crypto-Assets Regulation (MiCA Regulation) has been set to become effective from 30.12.2024, with some rules having already become effective six months earlier. This new legislation introduces significant new requirements, particularly for entities operating in crypto-assets markets, such as consumer protection, information, and record-keeping issues. The aim of this article has been to analyze the MiCA regulation in detail about the duties that have been newly introduced especially for entrepreneurs and to highlight the most significant changes using selected examples. This article employs a qualitative research approach to analyze the MiCA regulation in detail, focusing on the new duties introduced for entrepreneurs. The study includes a thorough review of the regulatory texts, complemented by treatise that illustrates the most significant changes. The analysis of the MiCA regulation reveals several key findings. First, the regulation introduces stringent compliance requirements. New reporting and operational obligations pose challenges but also provide opportunities for increased transparency and investor confidence. The most notable changes include enhanced consumer protection measures and stricter anti-fraud regulations, which could ultimately foster a more secure market environment.