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MiCA: Exploring Innovative Compliance Solutions For Web3 Startupsby@penworth
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MiCA: Exploring Innovative Compliance Solutions For Web3 Startups

by Olayimika Oyebanji August 29th, 2024
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The EU recently approved Markets In Crypto Assets (MiCA) regulation. About 57% of startup companies have not complied with the extant regulations, mostly due to a conflict with their ethos. Many new companies feel that being decentralized is an advantage that exonerates them from any regulation pertaining to the governance of the space.
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The blockchain landscape is evolving rapidly. Regulatory frameworks like the EU's Markets in Crypto-Assets (MiCA) regulation are reshaping the industry. Still, a recent Acuiti survey reveals a concerning trend: 57% of firms remain unprepared for MiCA, despite its first phase already in effect. Individual companies are unprepared and this threatens the core principles of the blockchain space.

The Regulatory Landscape: MiCA and Beyond

MiCA aims to create a standardized approach to crypto-related activities across the EU market, covering the following aspects:


  • Classification of crypto assets
  • Requirements for issuance and listing of crypto assets
  • Regulation of crypto asset service providers (CASPs)
  • Consumer protection measures
  • Prevention of market abuse


Companies that fail to comply with these regulations could face severe consequences. Potential penalties include fines of up to €5 million or 3% of the company's annual global turnover, whichever is higher. Moreover, non-compliant businesses risk being prohibited from operating within regulated EU markets, which limits their growth prospects.


But MiCA is just one example of the regulatory frameworks currently being developed and implemented worldwide. Many other countries and regions are in the process of crafting their own sets of rules and guidelines for the crypto industry. So what does it all mean for the crypto companies?

The 2 Misbeliefs and Challenges Of Becoming Compliant

As these new laws get introduced, the Web3 faces a dilemma:


While the Web3 products are mostly global and borderless, the regulations are fragmented and jurisdiction-specific. This creates two primary challenges for crypto companies:


  1. Staying informed about the rapidly changing laws around the globe.
  2. Adapting their borderless products to diverse local regulatory environments


For a startup running on little time and even less money, this adaptation may be close to impossible. But what’s more, many crypto businesses don’t even recognize the need to become compliant - for two key reasons:


First, many startups mistakenly believe that being decentralized shields them from regulatory scrutiny. However, this is far from the truth. Why? Because local regulations may not clearly distinguish between decentralized and centralized crypto products. And even if they do, many startups that consider themselves decentralized may actually fall under the centralized category - without even knowing about it.


Second, many Web3 startups resist adaptation because they fear that becoming compliant will force them to compromise their fundamental values and kill their products. But this does not have to be the case - we explain why below.

The Future of Web3 Depends on How Fast Web3 Companies Adapt to New Regulations

Whatever the reason for ignoring compliance, it is not a viable long-term strategy - neither for the company itself nor for the entire industry. Here’s why:


First, the path to mainstream adoption increasingly runs through regulated territories. If we want to build solutions that address real-life challenges, they should also take into account real-life regulations. Otherwise, Web3 will soon reach its ceiling.


Second, doing nothing isn't just bad for individual companies. If the smaller, passionate players fall behind, big corporations with deep pockets might take over. Giants like Binance are employing hundreds of compliance professionals, which will let them thrive in this new reality.


But will they care as much about the values that gave birth to crypto in the first place - decentralization, transparency, user privacy, and so on? Or will they just operate like any other traditional business? That could be the death knell for the idea of a decentralized and open Web3 industry, built by users for users.


But it doesn’t have to be that way. There are solutions that could help all players in the industry adapt while staying true to their ethos - no matter how much resources they have. Here’s how:

Innovative Compliance Solutions that are in Line with the Web3 Spirit

The crypto world has always been good at coming up with clever solutions to tough problems. Fortunately, there are already some solutions based on blockchain technology that can help companies follow certain rules and regulations. For example:


  • Decentralized Identities (DID) can be used for privacy-friendly identity checks, like Know Your Customer (KYC) and Anti-Money Laundering (AML) procedures. By adding DIDs to your product, you can meet KYC and AML requirements while still protecting your users' privacy as much as possible. DIDs allow you to verify if a user is allowed to use your product without actually seeing or keeping their personal information.


  • Token wrapping is a way to make existing tokens follow the rules in different countries without having to completely change how they work. It's like putting a new coat on the token that makes it behave in a way that's allowed in that particular market.


Complying with MiCA or any other regulatory framework doesn't necessarily have to be about the ethos or the principles on which a web3 startup operates. It's possible to strike a balance between regulatory requirements and the values or ethos of decentralization and privacy.


Swistronik,for instance, is a blockchain platform for web3 compliance that leverages both approaches. It offers cross-chain solutions for KYC, AML, and verifications that various countries require.


The best part is that these solutions are built on the principles of decentralization and secure user privacy as much as possible. Also, they’re easy to integrate and prove to be more cost-efficient than traditional KYC & AML checks, which makes them affordable even for early-stage startups.

In addition to this, Swisstronik is developing solutions specifically for stablecoins and real-world asset (RWA) tokenization projects. These solutions are designed to help projects demonstrate their reserves in a way that satisfies regulatory requirements - such as those outlined in MiCA and similar regulations.

These kinds of solutions show that the Web3 industry can adjust to new rules while still keeping the innovative spirit that makes blockchain technology special. If we approach it the right way, following regulations and coming up with new ideas in the crypto world can happen at the same time.