UK crypto rules to adapt for global competition

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By Daniel Whitman

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### UK Regulators Explore Tailored Approach for Crypto Firms Amid Global Competition

The United Kingdom’s financial watchdog is proposing a distinct regulatory pathway for cryptocurrency firms, potentially exempting them from certain established principles governing traditional financial services. This strategic consideration by the Financial Conduct Authority (FCA) signals a recalibration of Britain’s approach to the burgeoning digital asset sector, aiming to foster international competitiveness while balancing market integrity and consumer trust.

The initiative follows indications from the UK government of an intention to align with the United States on digital asset strategies. This collaborative stance suggests a recognition of the global nature of the crypto industry and a desire to avoid stifling innovation through overly restrictive measures. The FCA’s consultation paper outlines proposed minimum standards intended to provide a framework for fast-growing crypto firms to operate effectively on the global stage.

Specifically, the FCA is contemplating waiving four key principles typically applied to financial services firms. These include the obligations to conduct business with integrity, exercise skill, care, and diligence, pay due regard to customer interests, and ensure advice and discretionary decisions are suitable for clients. This proposed deviation reflects a recognition of the unique characteristics of crypto asset trading platforms and the need for a regulatory model that accommodates their specific operational models.

David Geale, the FCA’s executive director of payments and digital finance, emphasized the dual objectives of this regulatory review: “We want to develop a sustainable and competitive crypto sector – balancing innovation, market integrity and trust. Our proposals won’t remove the risks of investing in crypto, but they will help firms meet common standards so consumers have a better idea of what to expect.” This statement underscores the FCA’s commitment to navigating the inherent volatility and risks associated with crypto assets while seeking to establish clearer expectations for consumers.

In parallel with potentially easing certain existing obligations, the FCA is also proposing to strengthen regulations in critical areas such as operational risk management. The recent $1.5 billion hack of Bybit, a cryptocurrency exchange headquartered in Dubai, served as a stark reminder of the imperative for robust operational resilience controls within the digital asset ecosystem. This suggests a targeted approach, where specific vulnerabilities are addressed with more stringent requirements.

The consultation also seeks industry input on the applicability of the consumer duty, a cornerstone of UK financial regulation that mandates firms prioritize their customers’ interests. Furthermore, the FCA is exploring whether crypto asset firms should be required to provide customers with access to the Financial Ombudsman Service for dispute resolution and compensation. Charles Kerrigan, a partner and AI specialist at law firm CMS, commented that the application of the consumer duty is likely inevitable once crypto assets are fully integrated into the regulatory framework.

Data indicates a significant growth in cryptocurrency adoption in Britain, with approximately 12% of adults having owned or currently owning cryptocurrencies such as Bitcoin or Ethereum, an increase from 4% in 2021. The deadline for submitting feedback on the FCA’s consultation is November 12.

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