The Cross-Border Conundrum Facing European Startups
While Europe boasts a single market in theory, scaling startups face a regulatory labyrinth that makes continental expansion feel like establishing 27 separate businesses. Unlike their American counterparts who navigate one federal system, European entrepreneurs must contend with different incorporation procedures, varying employee share option regulations, and disparate tax frameworks across member states. This fragmentation creates what many founders describe as an invisible wall containing businesses within national borders.
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According to Vidya Peters, CEO of DataSnipper, the current system forces companies to reinvent themselves with each cross-border move. “Today, scaling across Europe means adapting to 27 different sets of corporate tax and employment law,” she explains. “Each country brings its own paperwork, timelines and translation rules.” The structural differences make European scaling much slower and resource-intensive than it should be, creating what amounts to a continental-scale efficiency drain.
The Promise of the 28th Regime
Early next year, the European Commission will propose a harmonized legal framework specifically designed to ease the regulatory burden on scaling companies. Dubbed the “28th Regime,” this initiative represents the most ambitious attempt yet to create a truly unified startup ecosystem across Europe. The framework aims to address the most pressing pain points identified during the recent consultation period, potentially revolutionizing how startups expand across the continent.
Tomas Okmanas, co-founder of Nord Security and Nexos AI, emphasizes what’s at stake. “If we want to produce tech champions at a global scale, we need simpler rules that reward risk-taking and innovation,” he argues. “Europe doesn’t operate at the scale of Europe, and much of the talent is locked in national silos.” This sentiment echoes throughout the European tech community, where founders have long watched American competitors scale more efficiently within their unified market.
What Scaling Companies Actually Need
The most anticipated reforms center around three critical areas that currently hamper cross-border growth:, as related article
- Standardized Company Incorporation: A once-only system that would allow startups to establish a single legal entity operating seamlessly across member states
- Harmonized Stock Option Schemes: Unified regulations enabling companies to incentivize talent regardless of geographical location
- Streamlined Compliance Frameworks: Reduced duplication in tax reporting, employment law, and regulatory requirements
Peters envisions a system that “would allow startups to establish one legal entity that could operate seamlessly across member states, cutting months of duplication and cost. It would also increase investor confidence as capital could flow more freely across borders, with predictable tax and legal treatment.”
The Implementation Challenge
Despite widespread enthusiasm from the startup community, significant hurdles remain. Tom Henriksson of VC firm OpenOcean voices a common concern: “My worst fear is that the regime becomes a 29th layer of bureaucracy – with individual Member States free to ignore it or slow adoption in favour of local legal precedent, while founders are still forced to shoulder compliance costs in the few countries that do adopt.”
The tension between EU-wide standardization and national sovereignty represents the fundamental challenge. Member states have historically been protective of their regulatory domains, particularly regarding taxation and labor law. The success of the 28th Regime will depend on finding a balance that provides real simplification without triggering resistance from national governments.
The Estonian Model: A Potential Blueprint
Liina Vahtras, Managing Director of Estonia’s e-Residency program, offers a pragmatic approach informed by her country’s digital transformation success. “If we can’t get a full solution right away, we maybe start with half of the solution,” she suggests. Her incremental strategy would prioritize achievable reforms in company registration and share options while leaving more complex issues like tax harmonization for later stages.
Vahtras argues that the EU should draw on Estonia’s experience with fully digital processes as a benchmark. “I would start with easier things, such as share options and company registrations. For instance, there needs to be an integrated business registry.” This measured approach acknowledges political realities while maintaining momentum toward meaningful reform.
The Stakes for European Competitiveness
The success or failure of the 28th Regime initiative carries implications beyond startup convenience. As Okmanas notes, regulatory reform “wouldn’t just lower compliance costs and enable faster scaling, it would also send a signal to the local tech community that Europe is open for business and is serious about tech leadership.”
In an increasingly competitive global technology landscape, Europe cannot afford to maintain artificial barriers between its most innovative companies and the full potential of its 450-million-person market. The coming year will reveal whether European institutions can deliver the regulatory simplicity that founders have demanded for decades—or whether the continent’s startups will continue navigating a maze of their own making.
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