Policy Responses
At BlackVogel, we believe that dialogue between the industry and regulators is crucial for advancing adoption and crafting regulations that balance innovation with consumer protection. Our team is actively engaged in producing detailed policy responses that reflect our commitment to fostering a regulatory environment conducive to technological progress. In addition to responding to public consultations, we conduct training sessions with regulators to ensure a mutual understanding of emerging technologies. We have provided feedback and input to governments in Europe, North America, Latin America and the MENA region, helping to shape policies that reflect the unique needs and challenges of these markets.
The list of our policy responses below is not exhaustive, as some are confidential and delivered directly to our clients.
Click on the images to see the full response.
JOINT STATEMENT AND POLICY PROPOSALS
On the ePrivacy Derogation (“Chat Control”) and the Negotiations on the Child Sexual Abuse Regulation
BlackVogel, with contributions from experts in law, compliance, cryptography, and child protection, has published a statement addressing the reinstated ePrivacy derogation (“Chat Control 1.0”) ahead of the resumed negotiations on the Child Sexual Abuse Regulation. The statement highlights the importance of protecting children online but opposes indiscriminate, suspicionless scanning of private communications, setting out seven proposals covering targeted detection under judicial control, removal of known illegal material at source, safety by design, and statutory protection for end-to-end encryption. It grounds its position in the Article 52(1) proportionality framework of the Charter of Fundamental Rights and the case law of the Court of Justice and the European Court of Human Rights. The statement was distributed to Members of the European Parliament, the rapporteur and shadow rapporteurs on the file, journalists, and other stakeholders ahead of the 15 September 2026 meeting of the shadow rapporteurs on the Child Sexual Abuse Regulation.
JOINT INTERPRETIVE NOTE
Our Joint Interpretive Note makes the case that supervisory authorities need to distinguish between risk assessment and legal constraint. The current frameworks can support these models. What’s missing are shared operational standards that protect consumers without closing the door on a competitive European crypto-asset market. The note was co-authored by us with Nordic Law and siedler legal, shared with participants across DARTE sessions and refined through feedback collected from market players, including some of the leading USD stablecoin issuers active in the space today.
STAKEHOLDER FEEDBACK ON UNTP REQUIREMENT CI.05 (BLOCKCHAIN USE)
The Blockchain community, coordinated by Mariana de la Roche Wills, has submitted a stakeholder response to the United Nations Transparency Protocol (UNTP) developed by UNECE. The letter proposes a refined framing of blockchain in Requirement CI.05, emphasizing its practical value in public-good applications. The submission includes real-world examples from UN agencies, the EU, and government projects, alongside expert reflections from public institutions. It aims to ensure blockchain is recognized as a viable and mature technology within sustainability and transparency infrastructures.
POLICY RESPONSES: GENERATIVE AI AND VIRTUAL WORLDS
The AI-Blockchain Taskforce of INATBA, with contributions from Mariana de la Roche Wills, has responded to the European Commission’s call on Generative AI and Virtual Worlds. The submission highlights blockchain’s role in ensuring data transparency and user empowerment while addressing ethical and regulatory challenges. Key recommendations include adapting antitrust tools, fostering collaboration, and promoting sustainable technology to shape a fair and innovative digital future.
DATA ACT OPEN LETTER
The Data Act Open Letter, crafted by leaders in the technology and blockchain industry, called for a revision of the Data Act to safeguard technological neutrality and ensure the adaptability of regulations across different technologies. It highlighted concerns that the language around Smart Contracts, particularly those based on public/permissionless blockchains, may unintentionally restrict their use and bring about uncertainty for existing implementations. The suggestions aimed to ensure that all technological solutions receive equal treatment, promoting an environment that encourages innovation and growth while aligning with the EU’s principle of technological neutrality.
JOINT RESPONSE TO THE ESMA CONSULTATION ON MICA RTS
Our key request was to ensure that the future sustainability indicators are designed to be applicable across all consensus mechanisms. This approach is essential for fostering transparency, comparability, and accountability within the crypto-asset sector. While we can draw inspiration from existing frameworks like CSRD and SFDR, it’s crucial to emphasize that a simple copy-and-paste approach won’t work. We must consider the unique characteristics of blockchain and conduct a thorough feasibility assessment before implementing these indicators. It’s imperative that we develop methodologies that issuers and CASPs can realistically and effectively implement” says Mariana de la Roche-Wills. “The significance of conducting a feasibility study to ascertain the practicality of these regulations in the crypto space is a must. We understand that for any regulation to be effective, it must be implementable and realistic within the crypto industry’s unique ecosystem
JOINT REPLY TO THE ACPR CONSULTATION
The Joint Reply Initiative, led by industry leaders, was a united response to the ACPR’s exploration of regulatory responses to Decentralized Finance (DeFi). This collaborative effort sought to address the ACPR’s report, which discussed the potentials and challenges of the DeFi ecosystem, by advocating for a regulatory approach that nurtures innovation while ensuring consumer protection. The initiative underscored the importance of adaptable, proportional regulations that accommodate the unique aspects of DeFi, emphasizing the need for certification mechanisms for public blockchains and smart contracts, and advocating for a dialogue between the blockchain industry and regulatory bodies to develop a balanced regulatory framework that supports the growth of the digital economy. https://europeanblockchainassociation.org/2023/06/01/a-collaborative-industry-response-to-the-apcr-consultation- report-on-decentralized-finance/
A JOINT RESPONSE TO THE AUTORITÉ DES MARCHÉS FINANCIERS (AMF)
The initiative involved leaders in the blockchain space responding to the Autorité des Marchés Financiers (AMF)’s consultation on potential DeFi regulation. It represented a concerted effort by industry stakeholders to engage with regulatory discussions, aiming to shape a regulatory framework that balances innovation in the blockchain industry with investor protection and market growth. The response tackled key issues such as permissionless vs. permissioned blockchain protocols, smart contracts, open-source software usage, risk assessment of DeFi activities, and the definitions and regulations of decentralized exchanges and automated market makers, underscoring the importance of defining decentralization and control degrees within the DeFi landscape.