Key Differences between EU and US Digital Asset Regulation

The rapid proliferation and recent turmoil of digital asset activities in the EU and US has tested existing regulatory frameworks and presented regulators and elected officials with difficult questions on how Digital Assets should be regulated. The EU and the US have taken differing approaches: the US has sought to rely on its existing securities, banking and derivatives regulatory frameworks and US regulators have used enforcement actions to convey their views of how these existing rules apply; in contrast, the EU has implemented new regulatory frameworks that are specifically tailored to Digital Assets. These different approaches will likely have significant effects on how Digital Asset markets develop. Our presentation provides an initial look at some of the key areas of difference, including, scope of application, issuance and disclosure requirements, and trading requirements.