Assessing the benefits of principles-based regulation 11/02/2019
Hon. Albert Isola M.P. - Minister for Commerce of Gibraltar The vital signs of a healthy global blockchain ecosystem include a rapidly expanding jobs market, significant advances in educational support, but perhaps most importantly, the pursuit of regulatory frameworks that accommodate a place for blockchain in the global economy. We are witnessing an unprecedented race towards innovation, with sustainable regulation as the prize awaiting jurisdictions at the finish line. However, this race is a marathon, not a sprint, and a methodical, measured approach is the key to success. Regulators must continue to talk to industry, assess their needs, and build a framework that works for all parties. They must make informed decisions that incorporate a deep understanding of the project, yes, but be equally true to their core principles. In Gibraltar, we have a rich history of dedicating time and resources to creating the right environment for emerging technologies to thrive. In recent years, I’m pleased to say we have prioritised the exploration of blockchain technology, and are now seeing those efforts pay dividends. That work involved extensive research and collaboration with key industry figures, not least establishing the necessary core principles that hit the right balance between security and flexibility. This collaborative approach has been successful, yielding high-level industry insights that have informed the direction of policy and legislation. Identify key principles As the first jurisdiction in the world to introduce a purpose built Distributed Ledger Technology (DLT) framework, Gibraltar stands proudly behind the nine core principles underpinning this landmark legislation. We believe maintaining an unwavering focus on these principles is central to facilitating the highest levels of innovation and security, while attracting significant inward investment. The following principles paint a picture of the landscape we want to sustain and build, the standards we will uphold, and the measuring stick for prospective DLT providers to reach. These principles are built on the values of honesty and integrity, setting high expectations regarding how DLT providers conduct business. Providers must communicate with fairness and clarity at all times. In other words, there must be full disclosure of risks, terms and conditions, and non-misleading information deployed in marketing materials. In the name of protecting consumers' interests along with their own, DLT Providers are expected to maintain sufficient financial resources to ensure that adequate capital is held to support business objectives and in the worst of circumstances an orderly wind down.