EU Data Act and Crypto Innovation: Potential Overseas Exodus

Crypto exchange-traded products (ETPs) service provider 21Shares has released its eleventh “State of Crypto” report, which analyzes the impact of upcoming regulatory changes on the global crypto industry. The report highlights a growing “jurisdictional competition” as countries vie to attract talent and establish themselves as crypto hubs. The United States and the European Union (EU) are mentioned as potentially jeopardizing their leadership positions in the industry. The EU’s Data Act, which aims to facilitate data exchange, contains a clause to shut down smart contracts, causing uncertainty and concern within the crypto community. Similarly, the lack of regulatory clarity surrounding crypto assets in the US hinders innovation.

The report acknowledges that certain regions are better positioned to foster crypto industry growth. The United Kingdom (UK) has shown positive support for the future of its regulatory framework for crypto assets, with 79% of respondents being mostly supportive, including 40% of crypto-native companies. The UK’s goal of becoming a global hub for crypto asset technologies aligns with its invitation to crypto businesses, as demonstrated by a16z crypto’s expansion to London and its plans to host a Crypto Startup School in 2024.

Hong Kong has also made a notable shift in its approach to crypto regulation. In August 2023, it issued licenses to crypto exchanges under a new regulatory system. In December 2023, it established criteria for stablecoin issuers to obtain a license and prepared to accept applications for spot crypto ETFs. The report questions whether Hong Kong can attract more prominent crypto players and fulfill its ambition of becoming a crypto hub once again.

The report concludes by emphasizing the importance of regulatory clarity and a supportive environment for crypto innovation. It raises questions about whether the US will provide the necessary regulatory clarity to fuel entrepreneurial and consumer confidence. The passing of the “Clarity for Payment Stablecoins Act” is seen as a positive step towards regulatory clarity for stablecoin issuers like Circle. The report suggests that the global race for talent and regulatory certainty will shape the development of the crypto industry in the coming years.