„[…] digital technologies are key for relaunching and modernising the European economy across sectors.“ This is how the EU Commission introduces to the Digital Finance Strategy in its Q&As, which we already addressed here (German only).
In its Factsheet, the Commission outlines four main goals to be pursued with the Digital Finance Strategy:
Regulation of crypto-assets
Harmonized rules are to be established for all parties involved – issuers, custodians and trading platforms. These rules will include capital requirements, requirements regarding asset management, a mandatory complaints procedure and certain investor rights vis-à-vis issuers.
For both issuers and service providers, an EU passport is envisaged, with which they can offer their products or services throughout Europe if they are admitted in an EU member state.
Issuers of certain crypto-assets whose offer amounts to EUR 1 million or more are required to publish a white paper with various mandatory disclosure obligations.
Stablecoins will be hit even harder: strict regulation is intended to apply and, among other things, the supervision previously left to national supervisory authorities is to be transferred to the European Banking Association (EBA).
Sandbox for DLT-infrastructure
The Commission is proposing a pilot regime (a so-called sandbox) for market infrastructures that allow trading and settlement of transactions in crypto-assets. It provides for exceptions to the existing regulation to allow regulators to gain experience in the use of distributed ledger technology (DLT) and for market participants to test solutions using DLT.
Digital resilience, prevention and containment of cyber risks
In this further draft regulation, the Commission addresses the need to take precautions against information and communication technology (ICT) disruptions.
Banks, exchanges, clearing houses and FinTechs are required to comply with strict standards to prevent ICT threats or at least minimize their consequences.
Finally, providers of cloud computing solutions for financial institutions will be subject to a supervisory regime.
A highly thrilling project – stay tuned!