Browsing by study line "Viestintä- ja informaatio-oikeus"

The present study examines the legality of direct marketing to other Member States of the European Union by holders of an Estonian virtual currency service provider license, regulated by the Estonian Financial Intelligence Unit ("FIU") in accordance with the Act on Prevention of Money Laundering and Terrorist Financing ("MLTFPA"), in order to assess the feasibility of such a practice. In more detail, this study is intended to provide an overview of the Estonian crypto regulations in relation to direct marketing compliance, as well as a description of how the forthcoming regulations of the Estonian Parliament and Council on markets in crypto assets and amending Directive (EU) 2019/1937 may affect direct marketing compliance for crypto license holders in Estonia. Compliance is vital to establish worldwide standards, protecting consumers, preventing fraudulent activity (such as anti-money laundering, anti-terrorism funding), and promoting fair competition among businesses, such as anti-bribery and financial transparency. The selection of Estonia for this study is twofold: firstly, Estonia is one of the most digitized countries in the European Union, and secondly, it's also a leading destination for cryptocurrency businesses as well as one of the top destination countries in Europe for Fintech start-ups. Estonia has taken a leading role in the European Union's crypto licensing arena through its advanced policies towards cryptocurrencies. Estonia's foresight led to the issuance of crypto licenses as early as 2017, a landmark achievement which significantly accelerated the process for companies aiming to acquire an Estonian license. With relatively basic requirements in place for such a permit, businesses can easily operate without any encumbering legal impediments. The ease in obtaining Estonian crypto licenses proved rivaled by no other, creating a catalytic effect on worldwide crypto operations that were previously deterred and impeded by complex, time-consuming legal processes. In this way, Estonia's proactive stance in designing regulatory procedures unlocked doors to new horizons in the industry, vastly affecting large numbers of innovative startups looking to expand their business operability. Therefore, it is evident that a commitment to creating a conducive environment boosted Estonia's reputation as a superior hub for the dynamic domain of crypto, ahead of alternative actors available in different regions around the world. As cryptocurrency use has grown and evolved, so too has the legislation. It is possible to see that by comparing how the 2022 regulation differs significantly from the 2017 version. In 2020, Estonia's crypto regulatory system underwent a significant change when the entity responsible for the regulation of crypto moved from the Ministry of Interior to the Financial Intelligence Unit under the Ministry of Finance. The majority of crypto licenses were now revoked by the Financial Intelligence Unit in 2020. On March 15, 2022, an amendment was made to Estonia's Law on Preventing the Financing of Terrorism to include under the scope of the licensing system virtual currency providers as "obligated entities" in Sections 2(10) ("Application of this Act") and 72 ("Own funds requirements for a virtual currency service provider"). Therefore, making virtual currency providers subject to Estonian Money Laundering Act. An additional amendment to MLTFPA has been approved by the Estonian government on March 15th, 2022, which governs the cryptocurrency services offered by Estonian companies. By complying with these amendments as effectively as possible, the risk of money laundering and terrorist financing can be significantly reduced during cryptocurrency transactions within Estonian companies. As a matter of fact, this topic is of great significance mainly since there are a number of crypto companies that have been developed in Estonia, and there have been discussions about how these companies operate on the market with or without a government license. The aim of this investigation is to analyze the significance of insufficient objective information regarding the validity of Virtual Assets Service Providers' ("VASP") marketing services outside Estonia. The goal is to bring attention to the potential effects of the present situation where virtual currency companies pursue promotional activities in other EU regulated zones while abstaining from directly advertising their VASP offerings. To be precise, this research will explore how consumer protection and regulatory effectiveness have been impacted by such actions, particularly the ones enforced by the Estonian authorities - FIU and MLTFPA regulation. Moreover, there is, at the moment, no harmonized European Union legislation that regulates crypto marketing to so called “grey areas"' – meaning countries where cryptocurrencies are not regulated. In the context of the global trend focused on the active development of the digital economy, the relevance of issues related to the formation of approaches to the legal regulation of the use of the latest financial technologies (FinTech) seems indisputable. However, the European Parliament has taken significant action towards addressing this regulatory gap by approving the Markets in Crypto Assets (MiCA) Regulation in April 2023. This regulation represents a progressive effort to harmonize and standardize the governance of cryptocurrencies across the entire European Union, thereby ushering in a new period of regulatory clarity and transparency in the crypto market. The blockchain technology presents not only new possibilities but also new challenging conditions for traditional approaches to the provision of financial services. The development of cryptocurrencies, modern forms of attracting investments in the form of ICO (Initial Coin Offering) in the actual absence of a legal framework, brings potential risks to both private and public interests, namely: high volatility of the cryptocurrency rate, implication of investors in illegal activities, the unavailability of legal mechanisms to protect investors, jeopardizing global economic stability, etc. In this regard, it is interesting to consider the positions already formed on the legal regulation of the use of FinTech in European countries with the necessary experience in this area, in particular in Estonia, which is a member of the European Union. The positions of financial regulators and established requirements of the European Union and Estonia to ICOs are discussed in detail. Conclusions on the appropriateness of legal regulation of new phenomena, including at the international level, are formulated. Recommendations on the implementation of the Estonian experience in the regulation of ICOs and cryptocurrencies in the European Union system are made. Thus, it seems reasonable to observe the principle of technological neutrality in the formation of the legal framework of regulation of ICO and cryptocurrency, to consider bitcoin trading as a business activity subject to compulsory licensing, etc. The following recommendations are made for the implementation of the Estonian experience in the regulation of ICO and cryptocurrency in the European Union legal system. To sum up, Estonia's crypto regulations have experienced considerable progress since the introduction of licensure in 2017, and changes to the Money Laundering and Terrorist Financing Prevention Act in March 2022 reinforced it further, applying to virtual currency providers. Nevertheless, there still exist apprehensions concerning legality of marketing services supplied by Virtual Assets Service Providers beyond the Estonian land boundaries. The above mentioned regulation, passed by the European Parliament in April 2023, is expected to facilitate standards governing cryptocurrencies across all EU members. Given that direct advertising is a crucial aspect of the crypto industry, compliance with these upcoming regulations will be essential for enterprises operating in this territory, including those licensed in Estonia. It is therefore critical for these license holders to remain aware of regulatory developments and ensure their direct marketing practices comply with both Estonia's and the entire European Union's laws. Direct advertising is integral to the crypto industry as it is a key means of promoting and differentiating products and services, and therefore its regulation is of utmost importance for ensuring transparency and consumer protection, additionally the consequences of noncompliance with above mentioned legislation may lead to brand damage, regulatory fines, civil liability, and criminal charges.