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Blockchain-based organizations and crypto projects have long operated in a minefield of shifting and unclear regulations.
But now, with the full implementation of the EU’s MiCA (Market in Crypto Assets) legislation and speculation about what Trump’s supposed crypto-friendly regulatory outline may look like, there is an air of optimism across the industry.
Despite the positivity echoing from the US, turbulent prices, economic obstacles and crypto’s natural volatility counterweight any favorable developments, leaving the industry in a familiar polarized state.
Crypto exchanges as the backbone of the entire ecosystem, providing access to thousands of different types of tokens face the challenge of navigating a patchwork of vague or non-existent legal statuses.
How they handle this unpredictable period will have major implications for the entire industry.
Is enough being done
Whether centralized or decentralized, crypto exchanges serve as a gateway to the Web 3.0 economy from facilitating market activity and ensuring liquidity to executing token launches and offering fiat on/off-ramps, exchanges serve as an irreplaceable infrastructure piece.
Because exchanges are the primary mechanism granting access to assets with less-than-clear regulatory statuses, they bear the brunt of regulatory scrutiny.
As such, exchanges particularly CEXs (centralized exchanges) have been consistently in the crosshairs of national regulators, especially in the US, EU and UK.
Despite a promising outlook resonating from the US, both exchanges must take a more proactive approach toward regulatory compliance.
By and large, the industry has gradually embraced some standard regulatory procedures such as KYC (know your customer).
This is a promising development, but it likely won’t be enough to appease regulators across all markets, especially as some explore how to reel in DeFi.
While the industry has been increasingly open to the more complex and strenuous AML (anti-money laundering) enforcement, this too is often overlooked.
Proper AML enforcement, in addition to KYC, will soon be something exchanges can’t ignore.
When operating within a given jurisdiction, bypassing one or both of these measures is no longer acceptable.
Currently, MiCA doesn’t explicitly regulate full DEXs (decentralized exchanges).
However, DEXs with a degree of centralization can be targeted under MiCA, and the European Commission is investigating how to apply existing financial laws to DeFi protocols, including those governed by DAOS (decentralized autonomous organizations).
Navigating the evolving regulatory landscape represents a thorn in the side of most crypto organizations, but tackling these challenges head-on will provide much-needed stability.
All types of crypto exchanges must understand that the initial challenge of compliance will, in time, bear fruit and that they should view it as a down payment on the future.
Staying ahead of the regulatory curve
CEXs would benefit from actively engaging with regional regulators to demonstrate their willingness to comply with local laws.
This would also help them stay in the loop as new rules emerge, affording them valuable time to make any necessary adjustments.
In addition to ensuring the robustness of KYC and AML protocols, both centralized and decentralized exchanges would be remiss not to conduct voluntary financial auditing to enhance trust.
DEXs would be wise to use reputable third-party services to audit their smart contracts and security frameworks to ensure they are properly protected against increasingly sophisticated threats.
Despite DEXs operating in a legal gray area, implementing on-chain compliance tools and forming self-regulatory coalitions to establish unofficial standards will reduce any potential obstacles if governments take tough stands.
This can be done without undermining decentralization by leveraging cryptographic solutions, and for DAO-operated DEXs, this could be done through hybrid models that embed automated compliance decisions in smart contracts.
In response to crypto’s shifting regulatory environment, exchanges that embrace technological innovations to assist with compliance procedures position themselves for long-term sustainability.
Rapid advances in AI have led to numerous solutions that can help resource-strapped projects and larger blockchain organizations make the necessary regulatory preparations.
Powerful AI tools can be used to monitor transactions and detect suspicious activities in real time, helping to drastically reduce threats that target exchanges and associated wallets.
While the industry has seen a decline in scams and hacks, the recent massive ByBit hack is a cruel reminder of why regulatory processes can’t be ignored.
Combatting fraud and crimes is paramount to the industry’s sustainability, and anticipating future developments requires prioritizing compliance prep.
Without proper readiness for the unpredictability factor of regulatory developments across the globe, crypto exchanges will waste the industry’s recent momentum, ultimately disrupting its potential.
To ensure exchanges maintain their crucial role as Web 3.0 gatekeepers, they must acknowledge that regulatory uncertainty will remain for now.
Amid this speculation and uncertainty, risks should be minimized, and flexibility and adaptability should be maximized to ensure exchanges are ready for any potential scenario.
By staying on top of compliance trends, fostering transparency and implementing strategic legal frameworks, crypto exchanges won’t only remain a pivotal Web 3.0 component but also be in a position to facilitate innovation.
Omri Hanover is the general manager of Gems Trade, a regulated CEX that is part of the Gems ecosystem. With a background in business development and strategy within the blockchain industry, Omri focuses on building sustainable trading infrastructure and fostering meaningful partnerships between projects and users.
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