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Regulatory Challenges and Developments in the DEX Space

5 min read • August 16, 2024

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Introduction

 

The crypto world, where Decentralized Exchanges (DEXs) play an obvious part today, is far from being a passing trend. Despite ongoing challenges and market volatility, the DEX trend has reached a stage where it is set to become a lasting presence in the future. However, one of the biggest issues regarding the space is the lack of regulations and how it could negatively affect progress.

 

By their very nature, DEXs seem to be averse to regulations typically seen in traditional spaces. So, let’s look at the underlying concerns and see how they can be addressed going forward, as well as certain areas that show the possibilities.

Contents:

- What DEXs have brought forth

- DEXs and their regulatory hurdles

- Verification issues

- Crime issues

- Cross-border Issues

- Classification issues

- Possible solutions

- Recent events

- Final thoughts

What DEXs have brought forth

DEXs are the type of platforms through which the trading of cryptocurrency can occur via peer-to-peer means via the use of smart contracts. Generally speaking, DEX is all about decentralization and financial freedom from several aspects. Their very nature removes intermediaries that usually require regulation out of the way and this makes them beneficial in the following ways:

- They are more secure as private keys don't need to be handed over for transactions to occur

- Said private keys connect to external wallets that don't require disclosure, thus ensuring privacy

- The lack of intermediaries makes it so that transaction fees are low

Security, usability, and liquidity concerns

However, the nature of said exchanges leaves them vulnerable to a few issues. Some of these are:

- Security, which won't affect the blockchain tech, but rather the DEXs it backs

- The user-friendliness of these platforms may be a problem due to how complex they can be compared to centralized alternatives

- Liquidity issues, which can be caused by the lack of crypto understanding by users, as well as a dependence on liquidity pools filled with individual providers, making them prone to volatility

DEXs and their regulatory hurdles

Only because it's in the title, regulatory issues are also huge and require their heading, as the topic is understandably vast. First things first, people seek out decentralization.

 

It is happening mainly because it has no regulation and this, however, makes it prone to illicit activity, while most importantly, keeping it and crypto from wider acceptance. If this is going to be combated, a few things have to be addressed without affecting the decentralized nature too much, and these include:

 

Verification issues

Centralized exchanges are under Know Your Customer (KYC) mandates, which help ensure that the potential for illicit activity via crypto is limited, as the provision of customer information limits it. Said information, which includes digital IDs, names and addresses keeps people accountable and thus makes exchanges safe.

 

However, due to the desire for decentralization, people don't want to give that information up and relinquish anonymity, so it becomes a deterrent. Also, even if the measure is taken, the security of sensitive data may not be guaranteed.

 

Crime issues

The very desired decentralization makes tracking crimes difficult, particularly money laundering. Because of this, any form of Anti-money Laundering (AML) policies are difficult to enact. This is not to mention how complex it would be if it were possible, as DEXs are global and the jurisdictional nature of AML regulations may conflict with them.

 

Cross-border issues

The borderless nature of DEXs beyond AML rears its head once again. This time it has to do with general jurisdiction, which will have to be enforced on that level, something that may clash with the greater space, as no global consensus exists.

 

Classification issues

Classification mainly deals with whether or not crypto is a security or a commodity. Recent revocations from regulatory bodies, which we'll get to, have shown that at the very least, there is a lot of confusion regarding who is the main body.

 

Possible solutions

The solutions to the above issues lie in a few things, the first of which is the education of DEX users on the importance and benefits of regulations, chief of which are security, transparency and crypto adoption. With said education done, a host of measures can be taken to address issues. These include:

- Creating decentralized KYC/AML solutions that allow for identity verification and traceable transactions via blockchain, without privacy hindrances

- Establishing collaborations between DEX experts and regulatory bodies to create regulations that maintain decentralization

- Establishing collaborations between DEX experts

Recent events

Now, with all this in mind, what has occurred that has made the development of regulations in DEXs possible? Well, two in particular come to mind and they are the two crypto ETFs that have been approved.

 

One of these is the Ethereum ETF which was approved by the SEC for trading on May 23, 2024, and the other, the Bitcoin (BIT) ETF, was approved by the SEC for trading much earlier on January 10th. What's amazing is that while the SEC is still skeptical about crypto, taking the steps that it has here means that regulations in the decentralized world are not only the future but the present.

 

Final thoughts

Because the crypto realm can be such a treacherous place, whose very nature can result in less than savory activities, regulations will need to be placed. As the ETF examples have shown, regulations in the greater crypto world are possible and will only grow as the space does.

 

For this to continue, especially in regards to DEXs, there will need to be some serious collaboration between industry experts and regulatory bodies to address the issues above. Only when this happens will we see innovation and be able to reap the benefits, the main one being the continuous implementation of the decentralized model in the future.




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