Crypto regulations Ireland and the EU - update. The law around cryptocurrency may change again, with a set of compromises to the original MiCA legislation announced by the European Union on the 28th of February 2022.
Crypto regulations Ireland and the EU - update
The law around cryptocurrency may change again, with a set of compromises to the original MiCA legislation announced by the European Union on the 28th of February 2022.
Regulating cryptocurrencies has been a complex issue for governments and international organisations. The EU has conducted significant research and announced measures to try and increase legal certainty in the FinTech sector.
The original Digital Finance Package
Their previous attempts to regulate crypto assets were unveiled in September 2020. We discussed this in our previous article .The Digital Finance Package included Digital Finance and Retail Payments strategies, definitions of cryptocurrencies as well as legislative proposals for crypto assets. As crypto-assets are not covered by EU financial regulation, the EU has recognised that a lack of applicable rules means both investors and consumers are exposed to higher risks.
EU-wide regulations for crypto assets
Some countries have tried to create their own national regulations for crypto-assets, which can make it harder for companies and service providers to scale up across EU borders. The EU has announced that they support EU-wide rules for blockchain with the purpose of avoiding legal and regulatory fragmentation. They are also considering a digital Euro, with the European Central Bank and the European Commission Services jointly reviewing the introduction of an official cryptocurrency.
2022 changes to the Directive
The latest version of the EU's Markets in Crypto-Assets (MiCA) directive was announced on 28th February 2022. The proposed changes will be voted on in two to four weeks, according to European MP Stefan Berger. In October 2020, the EU Parliament's Committee for economic and monetary affairs announced that Stefan Berger would be the rapporteur for this file. The compromises he announced in Feb 2022 acknowledge previous concerns raised by companies and officials. It includes a range of measures, such as rules to prevent insider trading and front running. The regulations will apply to firms providing services regarding crypto-assets, firms operating digital wallers, entities issuing crypto-assets and cryptocurrency exchanges.
Removing the Bitcoin ban
One of the main highlights of the new regulations is the removal of the so-called 'Bitcoin ban'. In the previous package, legislative language appeared to bar proof-of-work tokens that lead many to fear a ban on cryptocurrencies that use proof-of-work, like Bitcoin. This controversial passage has now been stripped from the latest version of the MiCA directive.
Creating a fairer market
The MiCA directive is designed to protect consumers and the integrity of cryptocurrency exchanges, whilst supporting innovation. It also recognises and aims to mitigate some potential risks such as cyber-crime, money laundering and measures to increase investor protection. The commission also aims to make the sector more clearly defined, with the recognition of crypto regulation directives also hoping to boost responsible innovation in the sector, stating it is vital for Europe's economic recovery.
Get in touch
If you need expert advice on EU crypto legislation, contact our experienced law firm today. At Cosgrove Gaynard Solicitors, we pride ourselves on offering the latest advice, so fill in our online contact form and we will be in touch.
Under MiCA, most public token offerings or exchange listings require a mandatory disclosure document called a crypto-asset white paper. It’s not marketing and not optional — it’s a legally prescribed document with strict content, liability, and formatting rules. Think of it as a regulated prospectus-lite for crypto.
Text LinkWhen a child is injured in a creche or childcare facility, it can be every parent’s worst nightmare. Beyond the emotional distress, parents are often left wondering who is responsible, what their legal rights are, and whether they can make a personal injury claim in Ireland.
Text LinkBuying your first home in Ireland is one of the most exciting but complex financial decisions you will ever make. The legal process of buying property — known as conveyancing — is a critical part of that journey. This guide walks you through every stage, explains key stages and timelines, and gives practical tips that will save you stress (and money) and perhaps even the entire transaction.
Text LinkBuying your first home is one of the biggest financial and legal decisions you will ever make. In Ireland, rising house prices mean many first-time buyers struggle to bridge the gap between their mortgage, savings, and the price of a new home. To address this, the Irish Government introduced the First Home Scheme, a shared equity scheme designed to help first-time buyers and certain other purchasers buy a newly built home or self-build property.
Text LinkBeing involved in a road traffic accident can be a traumatic experience, leaving you with physical injuries, emotional distress, and financial uncertainty. If you were injured due to someone else’s negligence, you may be entitled to make a personal injury claim. At Cosgrove Gaynard Solicitors, we specialise in car accident and road traffic accident claims in Ireland, providing clear legal advice, strong representation, and a client-focused approach from start to finish.
Text LinkOur Dublin-based property solicitors provide clear, practical legal advice for residential and commercial property transactions. With extensive experience in Irish property law, we guide clients through the process efficiently, ensuring compliance with all legal requirements.
Text Link39 Waterloo Road,
Dublin 4
DX 109060 Fitzwilliam
Phone: 01 234 0044
Fax: 01 234 0047