• Anne-Sophie Trompette
  • Ostéopathe D.O.
  • 06.79.10.17.09
    • 11 OCT 21
    • 0

    Lawtech Delivery Panel Legal Statement on Cryptoassets and Smart Contracts

    The Lawtech Delivery Panel, a group of legal experts in the UK, has recently released a legal statement on the topic of cryptoassets and smart contracts. This statement aims to provide clarity on the legal status of cryptoassets and smart contracts, as well as to promote innovation in this rapidly developing area.

    Firstly, the statement defines cryptoassets as « digital representations of value that are intended to be used as a medium of exchange, a unit of account or a store of value » and smart contracts as « self-executing contracts with the terms of the agreement between buyer and seller being directly written into lines of code ».

    The statement goes on to clarify that cryptoassets can be classified into three categories: e-money, security tokens, and unregulated tokens. E-money cryptoassets are regulated under the Electronic Money Regulations 2011 and must comply with certain requirements, such as the safeguarding of customer funds. Security tokens are subject to regulation by the Financial Conduct Authority and must comply with securities laws. Unregulated tokens, on the other hand, are not subject to any specific regulations but may still be subject to other laws such as consumer protection regulations.

    Regarding smart contracts, the statement clarifies that they are subject to the same legal principles as traditional contracts, including the requirements of offer, acceptance, and consideration. However, the unique nature of smart contracts means that they may also raise new legal issues, such as the enforceability of contractual terms written in code.

    Overall, the Lawtech Delivery Panel`s legal statement aims to provide much-needed clarity on the legal status of cryptoassets and smart contracts, as well as to encourage innovation in this exciting and rapidly developing area. By understanding the legal landscape, businesses and individuals can make more informed decisions about their involvement in this space and contribute to its growth and success.

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