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Fintech

Fintech combines financial services with information technology. Malta has enacted recent legislation to establish a legal framework for cryptocurrencies, Initial Coin Offerings, cryptocurrency exchanges, and service providers.
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Summary

Fintech merges financial services and IT. Malta has recently enacted legislation which shall provide a legal framework for cryptocurrencies, Initial Coin Offerings, cryptocurrency exchanges and service providers.

Fintech fuses together the traditional concepts in Financial Services with innovative, bespoke technologies that are set to revamp the industry from the inside out. Fintech gained significant popularity in recent years when cryptocurrencies and blockchain technology (also referred to as distributed ledger technology (“DLT”)) took centre stage as the next big thing to shake up business as we know it after the Internet.

While Malta was an early mover in regulating blockchain and crypto-assets, the regulatory landscape has evolved significantly with the introduction of harmonised EU legislation, reshaping how fintech businesses operate across Europe.

From Malta’s VFA Framework to EU Harmonisation (MiCA)

Malta’s pioneering framework, including the Virtual Financial Assets Act (VFAA), the Innovative Technology Arrangements and Services Act (ITAS), and the Malta Digital Innovation Authority Act, positioned Malta at the forefront of crypto regulation.

However, the regulatory framework has now transitioned from a national to an EU-wide model, primarily through the Markets in Crypto-Assets Regulation (MiCA) (EU) 2023/1114. This regulation established a single EU rulebook for Crypto-asset issuers and Crypto-asset service providers (CASPs) and harmonised requirements for authorisation and supervision, Whitepaper disclosures and governance and prudential safeguards.  

Malta has introduced a MiCA-aligned legal framework and rulebook, placing Malta, no longer a standalone “Blockchain Island” jurisdiction, but as an EU entry point under a harmonised crypto regulatory regime, enabling passporting across Member States.

Digital Operational Resilience (DORA)

A major new pillar of fintech regulation is operational resilience, as introduced by the Digital Operational Resilience Act (DORA) (EU) 2022/2554. The regulation applies broadly to Financial institutions, Payment institutions, Crypto-asset service providers and ICT third-party providers.  

DORA significantly expands regulatory focus from financial risk to technology, cybersecurity, and outsourcing risk.

Services offered by our Fintech Practice 

We advise clients across the full fintech regulatory spectrum, with a particular focus on EU-compliant structures and cross-border scalability.

Crypto-Assets & Digital Asset Businesses

  • MiCA readiness and authorisation (CASPs)
  • Token structuring and classification
  • Whitepaper drafting and regulatory disclosures
  • Exchange and trading platform licensing
  • Stablecoin regulatory advisory (ARTs / EMTs)

Fintech Licensing & Structuring

  • Payment institutions and EMI licensing
  • Group structuring for EU passporting
  • Regulatory perimeter analysis

ICT, Cybersecurity & DORA Compliance

  • DORA gap analysis and readiness programmes
  • ICT outsourcing and third-party risk frameworks
  • Incident response and reporting policies
  • Governance and resilience testing frameworks

Why Malta?

Malta remains an attractive jurisdiction for fintech businesses for several reasons:

  • Access to the EU market through passporting rights
  • A regulator known for its proactive and accessible approach
  • A strong ecosystem of legal, regulatory, and professional support services
  • Established experience in the early adoption of fintech regulation
  • Alignment with harmonised EU standards, helping to reduce regulatory fragmentation

Our Fintech Practice

Our team combines expertise in financial services law, technology regulation, and EU digital policy to provide commercially driven advice to fintech businesses at all stages.

We support clients in navigating:

  • Regulatory complexity
  • Market entry and scaling
  • Risk management and compliance

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