Cryptocurrency Regulation in the Czech Republic in 2023
In the Czech Republic, cryptocurrency business remains legal and is regulated only within the general legislative framework of national laws including the Trade Licensing Act, the Capital Markets Companies Act, etc. However, as a team of our experienced lawyers is closely following regulatory changes in Europe, we strongly recommend preparing for the upcoming improvements, which should be introduced by the EU in the near future and apply to all member states.
Meanwhile, the Czech Republic remains a very lively place for cryptocurrency business, academia, and crypto enthusiasts as it continues to be home to various funding projects, international events, and other initiatives aimed at promoting growth in the cryptocurrency industry.
New EU rules applicable to the Czech Republic
The Czech Republic must follow the EU authorities, who have further committed to the improvement of cryptocurrency regulation, tightening the rules applicable to crypto asset service providers (CASPs). In 2022, the Committee on Economic and Monetary Affairs approved the Markets in Crypto-Assets (MiCA) regulation for a vote by the full European Parliament and EU member states. It is expected that the provisions of MiCA will come into force before the end of 2025. MiCA is not only intended to provide legal clarity and prevent the abuse of crypto assets and the market as a whole, but also to promote the growth of innovative industries. That said, MiCA has certain limitations and currently excludes decentralized finance (DeFi) and non-fungible tokens (NFTs).
One of the several changes that Czech cryptocurrency businesses should prepare for is new legislation related to environmental responsibility, which will help cryptocurrency businesses reduce their high carbon footprint – when the legislation comes into force, major CASPs will be required to publish their energy consumption levels on their websites and share relevant data with national authorities. The European Securities and Markets Authority (ESMA) is obliged to introduce more detailed technical standards for regulation.
The European Banking Authority (EBA) will be responsible for supervising stablecoins. Stablecoin issuers operating within the EU will be required to establish sufficient liquidity reserves in a 1:1 ratio, partly in the form of deposits. This requirement will enable all stablecoin holders to obtain claims from the issuer at any time and free of charge.
MiCA is not intended to replicate the anti-money laundering rules set out in the Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) Directive, but the European Banking Authority (EBA) will be mandated to maintain a public register and conduct enhanced AML/CFT checks on non-qualified CASPs. Non-qualified CASPs are those whose parent companies are registered in third countries that the EU considers to be either high-risk in relation to AML activities or non-cooperative jurisdictions for tax purposes. In the future, it is expected that the EU will harmonize the AML regulatory framework by introducing a unified EU-wide AML body.
Overall, MiCA-compliant CASPs should be able to prevent or eliminate market abuse and manipulation, avoid conflicts of interest, implement procedures to prevent proprietary trading, and generally demonstrate stability, soundness, and competence in navigating markets and inherent regulation, which should ultimately build trust among investors.
Support innovative projects
In 2022, the European Union agreed on the Pilot DLT Market Infrastructure Regulation (PDMIR). This pilot provides a legal framework for trading and settlement in crypto assets, which are classified as financial instruments under the Markets in Financial Instruments Directive 2 (MiFID 2).
The pilot, applicable from March 2023 and similar to a sandbox approach, will allow safe experimentation with new technologies and serve as a means of gathering evidence for a possible permanent framework later on. The pilot is expected to be reviewed in 2026. Meanwhile, the European Securities and Markets Authority (ESMA) continues to consult on drafting guidance with the goal of developing standard formats and templates for DLT, and is now conducting a Q&A to assist with implementation.
Although the Czech Republic has not rushed to provide regulatory clarity for cryptocurrency businesses, it can be seen as a welcoming country due to the environment in which valuable connections in the cryptocurrency space are facilitated. In addition to opportunities for security experiments at the EU level, there are many ways to connect and collaborate with cryptocurrency businesses, academia, and government at the national level. From September 10 to 14, 2023, the International Conference on Cryptographic Hardware and Embedded Systems (CHES) will be held in Prague, Czech Republic. It is organized by the International Association for Cryptographic Research (IACR) and aims to provide a shared space for research on the design and analysis of cryptographic hardware and software implementations.
You may also be interested in Bitcoin Europe, which will be held in Prague from June 8 to 10, 2023. This is expected to be Europe's largest Bitcoin-only conference to date, with around 10,000 international attendees, more than 60 speakers, 100 Bitcoin company booths, and various related activities. Topics will cover freedom, community, technology, and good money.
You should also note that the following local initiatives offer support beyond the campaign:
CzechStarter – A seven-month incubator program offered by Czech Investment Corporation, a Czech government-backed company, where startups can break into the Czech market and grow across borders by receiving funding, attending workshops and getting expert advice
Technology Incubation project – another project of CzechInvest, supported by the Ministry of Science, should support up to 250 innovative start-ups over the next five years by providing financial support of CZK 850 million (approximately EUR 3.54 billion) in seven key areas
Czech National Bank (CNB)’s FinTech Contact Point – a simplified communication platform with a dedicated contact form aimed at improving the functioning of innovative financial market startups
Blockchain Connection Association/Czech Alliance – An organization promoting the development and use of blockchain technology nationwide, as well as combating fraud and corruption in the financial industry
Crypto-Anarchist Institute – An organization that aims to promote the growth of the decentralized economy by focusing on the unlimited spread of information and the mass adoption of blockchain-based products and services