ARTICLE
15 January 2025

Cryptocurrency At A Crossroads: Prospects And Risks For Businesses

SJ
Steptoe LLP

Contributor

In more than 100 years of practice, Steptoe has earned an international reputation for vigorous representation of clients before governmental agencies, successful advocacy in litigation and arbitration, and creative and practical advice in structuring business transactions. Steptoe has more than 500 lawyers and professional staff across the US, Europe and Asia.
Since the first bitcoin was mined in 2009, cryptocurrency has evolved into a major emerging force in the global financial ecosystem, marking a shift from a niche hobby to a tool of widespread commercial significance.
United States Technology

Today's Deep Dive is 1,743 words and an 11-minute read.

Since the first bitcoin was mined in 2009, cryptocurrency has evolved into a major emerging force in the global financial ecosystem, marking a shift from a niche hobby to a tool of widespread commercial significance. As adoption of various types of digital assets accelerates, businesses are increasingly engaging with these assets in areas ranging from payment systems to investment products to cross-border remittances. Yet, this growth comes with notable risks unevenly distributed across various types of digital assets, including price volatility, security vulnerabilities, and an evolving regulatory landscape. Understanding these dynamics is crucial for businesses navigating complexities associated with the transaction and use of digital assets, especially as significant policy changes are anticipated with the second Trump administration, which could fundamentally reshape the regulatory landscape in the United States and influence global cryptocurrency adoption.

The Growing Role of Cryptocurrency in Digital Transactions

Cryptocurrencies are playing a potentially transformative role in global transactions, with adoption beginning to surge across industries and regions. According to the 2024 Global Crypto Adoption Index from Chainalysis, a leading blockchain analytics company, several countries in Africa, Asia, in Latin America lead in grassroots cryptocurrency adoption, driven by peer-to-peer transactions, cryptocurrency- and stablecoin-based remittances, and increasing integration of blockchain technology into functions such as identity verification, micro-transactions, and lending. The three countries specifically topping the list are India, Nigeria, and Indonesia, respectively, where cryptocurrencies are often used to counteract inflation, improve financial inclusion, and better enable business transactions.

El Salvador, which became the first country to adopt bitcoin as legal tender in 2021, is an example highlighting both the opportunities and challenges of full cryptocurrency adoption. The move sought to increase financial inclusion and attract foreign investment but faced resistance from multinational banks, concerns over money laundering, and limited local infrastructure. While adoption among businesses and citizens has been uneven, El Salvador's experiment has encouraged other emerging markets to explore cryptocurrency as a tool for economic development. In other countries such as Argentina, citizens have adopted stablecoins in particular as a means of hedging against local currency devaluation and inflation.

For businesses, other aspects of blockchain technology – in particular, the distributed digital ledger that securely and immutably records transactions across multiple computers or "nodes," and which along with a decentralized consensus validation process for transactions underpins cryptocurrencies – offer businesses alternative mechanisms for engaging in high-trust transactions across low-trust environments. Smart contracts – self-executing agreements programmed onto blockchain networks – can automate processes in supply chains and financial settlements, reducing costs and improving operational reliability. Cross-border transactions, historically plagued by high fees and slow processing times, can be streamlined through use of digital assets such as cryptocurrencies and stablecoins. Tokenized representations of identity attributes, stored in digital wallets and "transacted" via blockchain upon request, can help enhance the security and integrity of processes that require high-integrity identity validation for both retail and wholesale transactions.

Despite these advancements, the risks associated with cryptocurrency transactions remain significant. Cryptocurrencies are notorious for their price volatility, with bitcoin being three to nearly four times as volatile as various US equity indices from 2020 to 2024. This unpredictability can erode the value of assets and complicate financial planning for businesses that accept cryptocurrency payments or hold digital assets. Cryptocurrency transactions are also irreversible and have been the target of fraud schemes, creating challenges for businesses seeking to protect themselves and their customers.

Stablecoins offer an alternative by mitigating price volatility, providing businesses with a more reliable option for transactions and value storage. However, these can also be subject to fraud or theft. Fraudulent schemes and scams exploiting applications such as cross-chain bridges and decentralized exchanges are also on the rise, including by nation-state actors. Environmental concerns linked to energy-intensive proof-of-work consensus validation or "mining" methods are increasingly drawing scrutiny, prompting many blockchain protocol developers to explore "greener," less energy-intensive solutions such as proof-of-stake consensus validation.

Regulatory Frameworks

The regulatory environment for cryptocurrencies remains a patchwork of policies that vary widely across jurisdictions. In the United States, a number of different federal regulators have oversight of different portions of the cryptocurrency ecosystem, including the Securities and Exchange Commission (SEC), the Commodity Futures Trading Commission (CFTC), the Treasury Department's Financial Crimes Enforcement Network (FinCEN) and Office of Foreign Asset Control (OFAC), among others; US states also exercise supervision over various aspects of cryptocurrency-related business activities. During the Biden administration, the SEC intensified its bid to oversee cryptocurrency markets, asserting through enforcement actions that nearly ever crypto asset is a security subject to its jurisdiction. The SEC, however, has not yet created a workable regulatory framework for crypto-assets, resulting in uncertainty for businesses navigating the crypto space and a lack of meaningful investor protection. Congress is expected to consider market structure legislation dividing regulatory responsibility for crypto markets between the SEC, the CFTC, and potentially other federal regulators in the next two years. Meanwhile, states such as New York and California, among others, continue to strengthen their oversight of cryptocurrency-related business activities.

With Donald Trump set to return to the presidency on January 20, significant shifts in US policy relating to cryptocurrency are expected. The cryptocurrency market's reaction to Trump's re-election reflects optimism among investors, with cryptocurrency prices seeing a surge following his electoral victory in November 2024. Trump has announced the appointment of a White House AI & Crypto Czar and the creation of a Presidential Council Advisers for Digital Assets. Trump has also expressed interest in establishing a strategic bitcoin reserve, defending the right to mine bitcoin, and to make the US the "crypto capital of the planet." These initiatives, aligned with his pro-business policy platform, suggest a shift toward encouraging innovation and growth in the US cryptocurrency industry. Such moves could position the US as a global leader in cryptocurrency regulation, potentially attracting institutional investment and increasing legitimacy for digital assets. Globally, other nations – some of whom have already established market structure guidance and rules for cryptocurrency – may adjust their policies to remain competitive, further accelerating the adoption of cryptocurrencies.

In Europe, the Markets in Crypto-Assets (MiCA) regulation, which came into effect in 2023 with compliance deadlines in 2024, provides a more structured framework, offering business clarity on compliance requirements. MiCA addresses issues such as anti-money laundering (AML), cryptocurrency trading, consumer protection, and stablecoin governance. Countries like the UK, Japan and Singapore have adopted similar regulatory regimes, seeking to create business-friendly environments while maintaining robust safeguards, as have jurisdictions such as Dubai, through its Virtual Asset Regulatory Authority, Hong Kong, and Abu Dhabi Global Market (ADGM). Shifts in the US posture towards cryptocurrency, along with a clearer and more permissive market structure, would position the US for leadership in cryptocurrency regulation.

Conversely, stricter policies in countries like China, which has banned cryptocurrency trading and mining, and complex or ambiguous regulations in Global South nations such as India, Nigeria, and Indonesia, highlight the risks of operating in fragmented regulatory environments. In India, shifting policies on cryptocurrency taxation and potential bans create uncertainty for businesses. Nigeria, despite its high cryptocurrency adoption rate, enforces strict banking restrictions on cryptocurrency transactions, complicating compliance for enterprises operating there. In Indonesia, regulations allow cryptocurrency as a tradable commodity but prohibit its use as a payment method, adding another layer of complexity.

Despite the challenges, regulation also offers opportunities. Clear and consistent policies enhance consumer trust, attracting institutional investment and fostering market stability. Regulatory clarity also reduces risks associated with fraud and illicit activities through clearer compliance requirements, benefiting business in the long term. However, the lack of global harmonization continues to create operational uncertainty, making regulatory intelligence a critical resource for organizations engaging with digital assets.

Takeaways for Businesses

Cryptocurrency adoption presents business with opportunities and risks alike. Managing these dynamics requires a deep understanding of the landscape and a strategic approach to mitigating potential pitfalls. One key area of focus is cybersecurity. As cryptocurrencies gain popularity, cyberattacks targeting exchanges, wallets, and cross-chain bridges have become more sophisticated. Businesses are responding by investing multi-layered security systems, cold storage solutions for digital assets, continuous employee training to prevent breaches, and measured consideration of what types of digital asset transactions and trading platforms they choose to engage with.

Price volatility remains a substantial challenge for businesses engaging with floating-value cryptocurrencies. Diversification strategies, the use of stablecoins, and hedging instruments are being employed to manage exposure to price swings. For companies accepting crypto payments, converting received assets into fiat currency or stablecoins immediately can reduce financial risks linked to fluctuating values.

Market expectations are high for a shift toward more business-friendly cryptocurrency policy under the second Trump administration. Investors and businesses anticipate regulatory clarity, which could further incentivize institutional investment and accelerate broader adoption. As of January 9, 2025, the price of bitcoin remains strong at around $92,000, and several industry watchers forecast a surge to $200,000 or this year, with the highest call for bitcoin to surge to $250,000. That said, the price of bitcoin is only one measure of the strength and value of cryptocurrency and of digital assets more broadly, and questions remain about how pro-crypto policies will align with other US macroeconomic policy objectives such as maintaining the US dollar as the global reserve currency.

Environmental, social, and governance (ESG) considerations can complicate business approaches to cryptocurrency. The environmental impact of blockchain technology, particularly proof-of-work mining, has drawn a mixed response from consumers and the media as public opinion on ESG has seen high and low points in the last several years. In response, companies are investing in sustainable practices, such as transitioning their business activities to proof-of-stake blockchains, which require significantly less energy. Even as the ESG backlash persists in some sectors, transparent communication about these efforts helps businesses align with growing stakeholder expectations around sustainability.

Additionally, integrating cryptocurrency with traditional financial systems is creating new opportunities for businesses. Tokenized real-world assets, represented digitally on blockchain, are unlocking liquidity and enabling fractional ownership, particularly in sectors like real estate and commodities. Decentralized finance (DeFi) platforms are reshaping traditional banking by offering decentralized trading, lending and borrowing solutions. CBDCs launched or under development in countries like China, India, and Brazil, are poised to redefine global payment systems, presenting both competitive pressures and collaboration opportunities for private businesses.

The evolving cryptocurrency landscape highlights the dual nature of digital assets as both a catalyst for innovation and a source of potential risk. As the market matures, businesses are exploring ways to harness the benefits of cryptocurrencies while navigating the complexities of regulation, security, and sustainability.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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