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DeFi

France Advocates for Accountability in DeFi Platforms

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France proposes new rules holding crypto platforms liable for DeFi security breaches affecting users.

France is taking steps to enhance the regulatory framework surrounding decentralized finance (DeFi) by proposing that regulated cryptocurrency platforms be held accountable for specific security shortcomings. This initiative is part of suggested revisions to the European Union's Markets in Crypto-Assets Regulation (MiCA).

New Liabilities for Crypto Service Providers

Under the proposed changes, cryptocurrency service providers must conduct thorough security evaluations before allowing customers to access DeFi protocols. This measure seeks to prevent incidents where users may face losses due to security vulnerabilities that the platforms had failed to identify or assess properly.

According to French authorities, regulated intermediaries ought to be responsible for exposing customers to known risks or for bypassing adequate scrutiny of the protocols they facilitate. This paradigm shift aligns with a broader examination of the MiCA regulations, which currently do not apply to fully decentralized services lacking an intermediary.

Ongoing Assessments and Monitoring

The recommendations highlight the need for continued surveillance of DeFi protocols post-access. Platforms are expected to keep an eye on any operational weaknesses or threats after a protocol is made available to customers. Additionally, the authorities suggest implementing optional certification processes for smart contracts and DeFi protocols, although this certification would not be a blanket requirement for every service accessible through a regulated platform.

Providers may still offer options without certification, provided they ensure adequate due diligence and furnish customers with detailed risk disclosures related to those choices.

Self-Custody Wallets and Future Oversight

In contrast to regulated platforms, France is not keen on imposing compulsory certification for non-custodial wallets. The authorities have supported the idea of voluntary certification for advanced wallet applications that encompass DeFi functionalities, emphasizing that users should have the flexibility to self-manage their assets without added regulatory burdens.

The proposal for stricter asset-referenced token criteria comes after no tokens were approved under the existing framework, indicating a need for reassessment. The French call for legislative amendments aims to adapt to the current market landscape and enhance the operational resilience of crypto-centric businesses.

Shifts in Regulatory Responsibility

Beyond reforms for DeFi accountability, French regulators are urging the transfer of oversight responsibilities for significant crypto asset service providers (CASPs) from national regulators to the European Securities and Markets Authority (ESMA). The proposal advocates for lowering the threshold of 15 million average daily active users currently determining significant CASPs, suggesting that broader criteria should consider business complexity and associated risks.

This change aims to foster a more robust supervisory environment as the European Commission prepares for its 2027 priorities, which encompass operational resilience and liquidity risks in the crypto sector.

Future Developments Under MiCA

The revisions to MiCA, alongside France’s advocacy for changes within the stablecoin landscape, indicate a dynamic shift in European regulatory perspectives. As the cryptocurrency ecosystem evolves, particularly within DeFi, the need for clear guidelines and accountability mechanisms becomes more pressing.

France’s recommendations remain part of the consultative process and will require legislative advancements before any new obligations take effect. As such, these proposed changes underscore a continued commitment to establishing a safer and more structured operating environment for all participants in the cryptocurrency space.