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Title: European consumer law and blockchain based financial services: A functional approach against the rhetoric of regulatory uncertainty
Authors: Gikay, AA
Keywords: Blockchain;Financial Services;Initial Coin Offering (ICO);Cryptocurrency Exchange Platform;Consumer Protection
Issue Date: 2019
Publisher: Ubiquity Press
Citation: Tilburg Law Review, 2018, 24 (1), pp. 27 - 48
Abstract: © 2019 The Author(s). This is an open-access article distributed under the terms of the Creative Commons Attribution 4.0 International License (CC-BY 4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original author and source are credited. See A decade after the financial market started experimenting with blockchain, the prevailing view of EU regulators has been that blockchain based transactions do not fit into the current regulatory regime. This was illustrated by the European Banking Authority’s warning to the consumers issued in 2013 of the absence of specific legal regime designed to protect the consumers dealing with exchange platforms. A similar position was adopted by the European Securities and Market Authority in its 2017 investor alert indicating that ICO operating in unregulated spaces pose several risks the consumers should be aware of. By Examining developments until December 2018, this article argues that the extent of regulatory uncertainty is overstated and recommends a functional approach to regulation. It posits that although blockchain and cryptocurrencies are new technologies, the legal transactions they enable are not entirely novel and could largely be regulated under the existing legal rules without the need for sweeping reform.
ISSN: 2211-0046
Appears in Collections:Dept of Politics, History and Law Research Papers

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