Karsten Wenzlaff, Advisor
August 26th, 2025
Karsten Wenzlaff is a Crowdfunding and Fintech Expert from Germany. He is Secretary-General of Digit[...]
BIS on Embedding Regulation Inside Smart Contracts
DeFi | April 24, 2025
Image: Freepik/fullvector
Embedding Regulation in Smart Contracts Helps But Real World Accountability Still Needed
In April 2025, the Bank for International Settlements (BIS) published a new report called 'Cryptocurrencies and decentralised finance: functions and financial stability implications' that could impact how regulators approach decentralized finance (DeFi). For the first time, the BIS explores the idea that smart contracts could help enforce certain regulatory rules within the code itself. To be clear, the BIS doesn't say that smart contract algorithms will replace oversight but it suggests that certain protections like disclosure requirements or prohibiting (or limiting) risk transactions could be built directly into the code.
See: Innovative Approaches to Smarter Regulation
At the same time, the BIS makes it clear that code alone is not enough. Behind every protocol is a developer, a team, or a group of people in-real-life (IRL) that makes decisions when designing or maintaining the system. These people often manage access, risk settings and upgrades. The BIS is saying that if DeFi is going to be safe and trusted then regulators must consider both the smart contract system and the people who develop and influence it.
Can Regulation Be Embedded Directly in Smart Contracts?
Self-executing smart contracts are at the heart of DeFi. They allow users to lend, borrow, trade, and stake assets without relying on intermediaries like a centralized financial institution. Once a smart contract is deployed to the blockchain, it executes transactions exactly as coded, without exceptions. This fact makes them potentially powerful tools for embedding and enforcing basic safeguards to protect stakeholders that interact with these contracts like investors.
The BIS seems to support this concept (BIS Paper No. 156, page 22):
“Regulation could then be embedded in smart contracts to make sure that rules were met. Examples… include ensuring that smart contracts were executed in line with the status of the ledger, that the disclosure of information took place or that ‘best execution’ requirements have been met.”
See: Stablecoin Payments Have Wings – Are You Ready?
What this means is that if a smart contract fails to meet a preset condition, such as price fairness or a collateral threshold requirement, it could automatically trigger a manual review. This would reduce the need for full manual checks on all transactions, and the smart contracts could require public disclosures are met before transactions were allowed. These types of technical safeguards would run automatically and help reduce fraud, bias, or delay. But the BIS says, automation has limits.
Someone Still Interprets Rules and Writes Code
The BIS highlights that smart contracts do not govern themselves. That is, behind every DeFi protocol is a group of developers (tech/business/legal/investor or otherwise) that decides how the code will work, who can update it, and affect the direction it takes.
BIS quotes on Page 21:
“It would be useful to analyse the entities (and persons) exerting de facto control of a DeFi protocol…”
See: BIS and Bank of Canada Launch BIS Toronto Innovation Centre
In many DeFi systems, the people involved are often anonymous or semi-anonymous, yet they can often have administrative access or governance power. Given the high stakes in such a financial system, it raises serious questions about accountability. Who is on the hook when problems arise?
Why It Matters for Canada
Canada has a strong, innovative, and growing DeFi community with many projects being launched and experimented with. These project teams often create complex and secure smart contracts but may lack a clear acc0untability structure so users can face real risks. The BIS's report outlines two layers of protection related to governance.
1. The first is technical. Smart contracts could/should enforce baseline rules around transparency, fairness, and market integrity, without human intervention.
2. The second is organizational. Developers and governance teams must be identifiable, transparent, and where appropriate, regulated. That could mean setting minimum standards, requiring disclosures, or creating a new legal category for protocol operators.
The HM Treasury in the United Kingdom released a paper in February 2023 titled "Future financial services regulatory regime for cryptoassets" that discusses various options for bringing DeFi activities into the regulatory perimeter - section 11.6:
See: DeFi Technologies Eyes Nasdaq Listing and Global Expansion
"One option for regulating DeFi is to define a set of DeFi-specific activities – e.g. 'establishing or operating a protocol' – as regulated activities under the RAO (or DAR). The persons carrying out those activities would then require authorisation, and the FCA could design a bespoke regime around these regulated activities."
Outlook
The BIS report covers a range of updated views on cryptocurrency topics, as adoption continues to grow globally. The BIS is looking for a path that DeFi can grow (not advocating to centralize or shut it down) but with guardrails to protect users and the financial system. Smarter regulation is where 'code and community' can collaborate with a novel system pushing boundaries.
The National Crowdfunding & Fintech Association (NCFA Canada) is a financial innovation ecosystem that provides education, market intelligence, industry stewardship, networking and funding opportunities and services to thousands of community members and works closely with industry, government, partners and affiliates to create a vibrant and innovative fintech and funding industry in Canada. Decentralized and distributed, NCFA is engaged with global stakeholders and helps incubate projects and investment in fintech, alternative finance, crowdfunding, peer-to-peer finance, payments, digital assets and tokens, artificial intelligence, blockchain, cryptocurrency, regtech, and insurtech sectors. Join Canada's Fintech & Funding Community today FREE! Or become a contributing member and get perks. For more information, please visit: www.ncfacanada.org
 |  |  |
|---|---|---|
 |  |  |
Leave a Reply