What's next for UK crypto regulations after Coinbase's $4.5M fine?

Cryptocurrency investors are concerned about a potential regulatory crackdown in the United Kingdom after Coinbase exchange’s British trading wing was fined.

Investor worries arose on July 25 after Coinbase’s UK arm was fined $4.5 million for breaching a voluntary user agreement with Britain’s Financial Conduct Authority (FCA) that would prevent it from onboarding customers considered “high risk” by the regulator.

In a particularly concerning sign, the fine marks the first instance the FCA has taken enforcement actions based on the Electronic Money Regulations 2011 Act.

While some investors worry that this could signal more scrutiny for other cryptocurrency exchanges in the region, legal experts don’t see it as a threat to the wider ecosystem.

FCA’s fine was “one-off” enforcement action: Legal expert

FCA’s case against Coinbase’s UK arm, CB Payments Limited (CBPL), suggests a “one-off” enforcement action, not a tougher stance against the crypto space, according to Charlotte Tregunna, partner at business crime law firm Peters & Peters.

The fine doesn’t necessarily suggest more enforcement for crypto platforms, Tregunna told Cointelegraph:

“The fact that the FCA hasn’t used its enforcement powers until now suggests that it was using these as a last resort. CPBL had all the time in the world to sort out their systems and controls, and yet they didn’t in three years. It’s an obvious breach and the FCA can’t really ignore it if they were given adequate time to resolve it.”

She added that receiving fines for breaching voluntary requirements is considered rare.

“If the FCA becomes involved, usually firms do everything they can to resolve the situation, particularly where it is a voluntary requirement – for example if the firm has voluntarily agreed to improve its systems. It usually doesn’t have to get to this stage of enforcement.”

According to the British regulator, the FCA’s investigation focused on the firm’s e-money transmission services rather than its crypto asset transactions.

FCA is aiming for crypto-friendly approach, but crypto platforms can’t keep up with compliance

Despite the recent fine, the FCA is aiming to become a crypto-friendly regulator that doesn’t stifle innovation, according to Tregunna:

“The FCA ultimately wants to be seen to be crypto and e-money-friendly, within reason. It will provide opportunities for those providers and issuers to improve their standards and compliance frameworks, but if those opportunities are squandered then the FCA hasn’t really got much of a choice but to enforce.”

Yet, she noted that part of the issue is the inability of crypto platforms to maintain corporate compliance, which is becoming increasingly difficult in the growing industry.

Tregunna explained:

“This is perhaps symptomatic of the fact that corporate governance and compliance culture within e-money issuers and crypto asset service providers has not been able to keep up with the inexorable rise in the use of those services over the last few years.”

She added that today’s new protocol need to have these governance structures in place before even launching a protocol, or risk playing “catch-up” as we’ve seen with Coinbase’s CBPL.