Get a demoExplore data

EU Politicians Pass Policy on Smart Contracts Deemed ‘Impossible to Comply’ With

The proposed regulation, which is not yet law, does not specifically target crypto but could affect DeFi

article-image

jarrow153/Shutterstock.com modified by Blockworks

share

The European Parliament has voted to pass the Data Act, a legislative proposal that will challenge the immutability of smart contracts.

500 lawmakers voted in favor of the proposal, 23 against, and 110 chose to abstain.

This new bill has drawn criticism from the decentralized finance (DeFi) community, with Curve Finance, a prominent decentralized exchange (DEX), noting that it would be “impossible to comply” with the new legislation.

Loading Tweet..

One of the major concerns surrounding the new bill is the requirement for smart contracts to be designed so that it can ensure the “protection of confidentiality of trade secrets,” and the requirement that smart contracts “could be reset or instructed to stop or interrupted.”

Thibault Schrepel, an associate professor at the VU University Amsterdam, noted in a tweet that this new bill “endangers smart contracts to an extent that no one can predict.”

“Article 30 does not provide clarity as to who should be able to ‘terminate the continued execution of transactions,’” Schrepel tweeted. “Is it the creator of the smart contract? Public authorities? Courts?”

Compliant with this legislation, would be complicated at best, according to Michael Lewellen, Head of Solutions Architecture at the Blockchain security and smart contracts expert OpenZeppelin. “Including a kill switch undermines immutability guarantees and introduces a point of failure, since someone needs to govern the use of such a kill switch,” Lewellen told Blockworks, pointing to protocols such as decentralized exchange Uniswap, which, like Curve, does not have this ability.

At a press conference, Thierry Breton, the commissioner for the Internal Market for the European Union, noted that “we need to harmonize basic requirements for the smart contracts and this will ensure interoperability and legal certainty.”

“This will enable the reliable deployment of this — so-called — smart contract,” Breton said.

Pilar del Castillo Vera, a member of the European Parliament, agreed with this sentiment, adding “we still have to debate this.” 

The proposal will now move to the trilogues phase where the EU Council and the EU Commission will debate the details. The first meeting is set to take place on March 28.

Updated March 14, 2023 at 5:42 pm ET: Addition of a comment.


Get the news in your inbox. Explore Blockworks newsletters:

Tags

Decoding crypto and the markets. Daily, with Byron Gilliam.

Upcoming Events

Marina Bay Sands Singapore

October 7, 2026

DAS Asia is a a single-day summit at Marina Bay Sands Singapore featuring conversations between the builders, investors, and global leaders are shaping the trajectory of the digital asset ecosystem in Asia & North America.

Hilton Park Lane, London

November 10-11, 2026

DAS London is a two-day summit at the Hilton Park Lane in London featuring conversations between the builders, allocators, and policy makers who are shaping the trajectory of the digital asset ecosystem in the UK, Europe, and North America.

Javits North

March 30-April 1, 2027

DAS NYC is a three-day summit at Javits North bringing together the builders, allocators, and policymakers shaping the future of digital assets across institutional finance and global markets.

recent research

Sponsored Article Template - DoubleZero White.png

Research

Every distributed system inherits the physical limitations, or advantages, of the network it runs on. Physics-bound systems can optimize their execution layers, compress their state, and parallelize their runtime, and still lose time they cannot recover to the speed of light through fiber and the routing decisions of carriers that are not optimized for consensus. The public internet routes traffic by least cost, not best performance. For a system where the order and timing of messages determine who earns and who loses, that is a structural tax and a measurable networking design flaw for traders.

The daily brief, in your inbox

Markets, protocols, and policy, read by 200K+ professionals.

Blockworks Inc.133 W 19th St., New York, NY 10011

Solutions

InvestorsExchangesEnterprisesOnchain Businesses

© 2026 Blockworks Inc.

TermsPrivacy PolicyPrivacy CenterNews Archive