Franceโs proposal: If crypto platforms actively direct users to DeFi protocols, they may be liable when things go wrong.
Bottom line: France isnโt targeting DeFi itself this time. Instead, itโs narrowing the exemption for services that are โfully decentralised and intermediary-freeโ: the โbridgingโ role played by licensed platforms may now fall within the scope of regulation.
1. The proposal. On October 21, four French authoritiesโthe Treasury, the Financial Markets Authority (AMF), the Banque de France, and the Prudential Supervision and Resolution Authority (ACPR)โjointly responded to the European Commissionโs consultation on MiCA revisions: โCASPs should be liable for certain incidents affecting clients where they actively facilitated access.โ Two conditions would trigger liability: the platform actively directs users to a DeFi protocol, and it fails to conduct adequate due diligence or disregards known security risks associated with the protocol.
2. Where the line is drawn. MiCAโs current framework excludes services that are โfully decentralised and intermediary-free.โ France hasnโt challenged pure DeFi. The focus is on the role regulated platforms play as โconnectorsโ: if an app has a โparticipate with one clickโ button that directs customers to a protocol, and that protocol is hacked and customers lose money, the platform may have to explain what due diligence it did beforehand. Most DeFi protocols integrated by platforms run on Ethereum (
$ETH ), so these gateway products would be the first to feel the impact.
3. Significance and timeline. The joint statement from all four authorities represents Franceโs official position, not the personal remarks of an individual officialโgiving it more weight than a mere โcall.โ But this is only a consultation response, not a law. The European Commissionโs report on MiCA revisions isnโt due to legislators until June 30, 2027, so actual amendments would happen no earlier than the second half of 2027. This will be a long process.
4. The US is changing the other side of the equation on the same day. On October 21, the OCC finalised its GENIUS Act stablecoin rule (effective January 18, 2027). Treasury Secretary Bessent called it a โwatershed momentโ for American finance on X, comparing it to Lincolnโs National Currency Act of 1863. One thing to note: the US is tightening controls on issuance, while the EU is focusing on distribution. Both sides of the Atlantic are steering โunlicensed free-for-allsโ toward licensed businesses.
My take: For centralised platforms, DeFi aggregator gateways may become a compliance cost, and whitelists of approved protocols and due-diligence procedures could become standard. For purely on-chain DeFi, the liability exemption remains untouched for now. The only thing to watch is whether the European Commissionโs report due at the end of June 2027 adopts Franceโs position. The direction is set; only the timetable remains.
These are solely my personal views and do not constitute investment advice.
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