Crypto Compliance - Definition and Meaning (2024)

Digital currencies such as Bitcoin, Ethereum, Tether, Binance Coin, and Ripple are increasingly gaining importance. Compliance adherence also plays a crucial role for these. We explore how Crypto Compliance shapes the development and influence of leading digital currencies. Which regulatory frameworks particularly challenge digital currencies, and what steps are necessary for them to meet both legal and operational standards?

What is Crypto Compliance?

Crypto Compliance particularly focuses on wallets - virtual wallets in the form of apps used for storing and conducting transactions with cryptocurrencies like Bitcoin. A major problem with crypto transactions is their difficult controllability, which makes them susceptible to abusive activities. Therefore, reputable cryptocurrency companies and investors are increasingly welcoming regulations and compliance rules.

Since the surge in Bitcoin's value after 2017 and the emergence of additional cryptocurrencies, interest in this new asset class has grown. Simultaneously, new FinTechs and trading venues have developed. Initially, financial regulatory authorities worldwide reacted hesitantly, but as suspicions of money laundering and fraud in the crypto industry increased, calls for stronger regulation grew.

What the EU and the DACH region require in terms of Crypto Compliance

Almost all countries have now addressed the issue and are beginning to develop rules for trading cryptocurrencies.

EU:

In the EU, the guidelines for services related to cryptocurrencies are encapsulated in MiCAR (Markets in Crypto-Assets Regulation). The regulation, adopted by the European Parliament in April 2023, imposes strict regulatory requirements on issuers of crypto-assets and service providers who trade on secondary markets. The measures and procedures include, among others:

  • Anti-Money Laundering requirements (AML).
  • Know-Your-Customer procedures (KYC).
  • Tax reporting.
  • Compliance with securities laws.

Germany

In Germany, the Federal Financial Supervisory Authority (BaFin) oversees the implementation of the European MiCAR rules into national law and is authorized to take direct action against unauthorized activities.

Switzerland

In Switzerland, the handling of cryptocurrencies is based on the Basel Framework Agreement, which has been developed since 1975 by the Basel Committee on Banking Supervision (BCBS). Since 2019, the existing guidelines have been expanded to include the new asset class of crypto-assets. Banks that deal with crypto-assets must:

  • conduct adequate checks, as they have a duty of diligence.
  • adapt governance and risk management to the increased risks.
  • improve transparency and disclosure.
  • meet very high capital requirements when offering services with cryptocurrencies.

Austria

In Austria, trading in cryptocurrencies and the associated compliance are regulated by the Financial Market Authority (FMA). The main requirements include:

  • Mandatory registration for crypto-asset service providers
  • Compliance with AML (Anti-Money Laundering) guidelines
  • Reporting and transparency requirements

Significance of Crypto Compliance

The increasing spread and acceptance of cryptocurrencies such as Bitcoin and Ethereum make it essential for businesses and governments to understand and adhere to applicable laws and regulations. Crypto compliance is a crucial aspect in relation to cryptocurrencies and blockchain technology.

Compliance with legal regulations is essential for the success of cryptocurrency companies, as violations can lead to penalties and loss of trust. Therefore, it is important to always stay informed about the latest regulatory developments and best practices in the field of crypto compliance.

Automation and Technology in Crypto Compliance

Given the rapidly growing market and the increasing number of new cryptocurrencies, it is becoming increasingly difficult for even experienced cryptocurrency service providers to keep track. A lack of personnel resources can lead to suspicious transactions being overlooked or detected too late, which poses the risk of losses and can damage the company's reputation. Automated solutions are therefore essential for efficiently managing crypto compliance processes. Transaction Monitoring and Transaction Screening are exemplary tools that allow for complete automation of the crypto compliance management.

Crypto Compliance - Definition and Meaning (2024)

FAQs

Crypto Compliance - Definition and Meaning? ›

Crypto compliance is the adherence to legal and regulatory requirements when engaging in cryptocurrency-related activities. As the cryptocurrency industry grows, the need for a structured and transparent framework becomes all the more important.

What is compliance in crypto? ›

Cryptocurrency compliance is the process of meeting different requirements set by cryptocurrency AML regulations by implementing proper tools and internal processes to effectively mitigate money laundering and terrorism financing.

What is AML compliance for crypto? ›

AML compliance practitioners attempt to understand how criminals use crypto and make crypto exchanges safer, giving users peace of mind about who they're transacting with.

What is KYC and AML in crypto? ›

Compliance plays a key role in legitimising and stabilising cryptocurrency markets around the world. Based on recent violations, it's clear that the major compliance areas include Anti-Money Laundering (AML), Know Your Customer (KYC) and adherence to international sanctions.

What are the rules and regulations of crypto? ›

Sales regulation

The sale of cryptocurrency is generally only regulated if the sale (i) constitutes the sale of a security under state or federal law, or (ii) is considered money transmission under state law or conduct otherwise making the person a money services business (“MSB”) under federal law.

How much do crypto compliance people make? ›

How much do crypto compliance jobs pay per year? $61,500 is the 25th percentile. Salaries below this are outliers. $115,000 is the 75th percentile.

What is compliance in trading? ›

What is trade compliance? Trade compliance encompasses all of an organization's processes and procedures that ensure it complies with domestic and international trade rules, regulations, and laws. It includes interrelated concepts like import compliance, export compliance, and import and export controls.

What are red flags in AML compliance? ›

Other actions that are considered AML red flags in terms of suspicious transactions include large cash payments, unexplained third-party transactions, the use of multiple accounts, or the use of foreign bank accounts or virtual wallets, especially if they originate from diverse jurisdictions.

What is the red flag in crypto? ›

For example, any of the following should raise a red flag: Funds involving accounts linked to known illicit actors and illegitimate operations such as fraud, ransomware, extortion, darknet markets, or illegal gambling sites. Crypto wallets connected to several credit cards that withdraw sizeable sums of fiat currency.

Is AML the same as compliance? ›

Anti-money laundering (or AML) compliance entails a careful adherence to rules and regulations aimed at combating illicit financial activities. What is PCI DSS Certification?

Which is better AML or KYC? ›

KYC refers specifically to identity verification and risk assessment, whereas AML could refer to a much wider range of techniques (such as transaction monitoring, enhanced due diligence, sanctions & PEP screening, and more) to monitor risk during and after KYC checks. Ultimately, KYC is a part of AML.

Is KYC mandatory for crypto? ›

KYC procedures are essential to ensuring transactional security between crypto exchanges and their clients by assessing and monitoring risk and potential illegal activity. Exchanges may pause a business relationship or refuse to open an account if a client fails to meet the minimum mandatory KYC requirements.

What is the meaning of AML in crypto? ›

TL;DR: Anti-money laundering (AML) legislation is in place to prevent money laundering via cryptocurrency exchanges and custodian services.

What is the golden rule of crypto? ›

Investing in crypto, still a new and volatile asset class, follows many of the same rules as investing in other markets. The most important rule is never to invest more than you can afford to lose.

Who regulates cryptocurrency? ›

Currently, at least four federal regulatory authorities are involved in managing cryptocurrency risks. This includes the Securities and Exchange Commission (SEC), the Commodity Features Trading Commission (CFTC), the Department of Justice (DoJ) and the Department of the Treasury.

Is crypto legal in the USA? ›

Is it legal to use cryptocurrency in the US? Yes, it is legal to use, buy and possess cryptocurrency in the US.

What is compliance in investing? ›

What is investment compliance? Investment compliance (IC) is an important aspect of portfolio management. Portfolio managers (PMs) must ensure that their portfolios comply with the regulatory requirements and policies of particular committees and clients in accordance with investment agreements.

What does compliance mean in share market? ›

What is markets compliance? It is the process to comply with all applicable laws, and regulations that govern the securities or investment market, through the development, and implementation of policies, processes, procedures, and practices.

What does compliance mean in investment banking? ›

Financial compliance is the regulation and enforcement of the laws and rules in finance and the capital markets. It ranges through the entire financial spectrum, from investment banking practices to retail banking practices.

What does compliance mean in cyber security? ›

Cyber compliance refers to the process of ensuring that an organization adheres to industry regulations, standards, and laws related to information security and data privacy. Many different types of organizations may need to comply with various cyber security regulations and standards.

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