Contents
01 - An Overview of DLT
This overview of distributed leger technology (DLT) is included for readers who may not be familiar with the way it works. It shows how the use of ledgers has evolved over time, identifies some of the main characteristics of DLT, explores the mechanisms by which some distributed ledgers create, amend and replicate their digital records, and provides brief examples of different types of DLT - showing how blockchain, although the best know example, is not the only one that might be encountered.
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18/05/2023 18:45
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02 - Commercial Application
Covering key considerations relevant to the conception, application and adoption of DLT/ blockchain by an enterprise including public vs private blockchains; setting up a private blockchain; and contracting for private blockchains.
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06/06/2023 12:58
03 - Regulation of Cryptoassets
Sets out an in-depth overview of the regulatory treatment of cryptoassets in the UK, and consideration of the complicated intersection between the characterisation and treatment of cryptoassets that legal practitioners are required to evaluate from both a regulatory and legal perspective.
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06/06/2023 12:59
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04 - Types of Cryptoassets, DeFi and On-chain Compliance
This section looks at different types of cryptoassets, including CBDCs and stablecoins, together with an overview of the adoption of the Financial Action Task Force recommendations in respect of Virtual Asset Service Providers (VASPs) and developments in the DeFi space.
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06/06/2023 13:01
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05 - Non-Fungible Tokens
This section is split into two parts. In Part A we look at some practical and legal issues with regards ownership rights and intellectual property issues related to NFTS. In Part B we do a deep dive to look at whether an NFT could ever be fall within the remit of a financial regulatory asset or within the United Kingdom Gambling Act 2005.
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06/06/2023 13:03
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06 - Social Tokens
An introduction to the three main types of social token: (1) personal tokens; (2) community tokens; & (3) social platform tokens. Includes a brief look at social token terms and conditions, smart contracts and regulatory issues. Key takeaways are the harsh terms and conditions to expect as a participant on a social token platform and the regulatory issues to watch out for when engaging with social tokens.
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06/06/2023 13:04
07 - Smart Contracts and Data Governance
This section is split in two parts. Part A provides an in-depth analysis of the advantages & disadvantages of SLCs, as well as consideration of hybrid partial digitisation of contracts.
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18/05/2023 18:48
08 - Decentralised Autonomous Organisations
This high-level overview introduces the concept of a DAO, key features, the importance and practicability of the concept of decentralisation, operational elements, use cases, legal, regulatory and tax considerations and current trends. DAOs are rapidly evolving and maturing and the subject of fast-moving legal, regulatory and judicial treatment. This chapter will be significantly revised in the next edition.
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06/06/2023 13:05
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09 - Blockchain Consortia
Blockchain consortia are collaborative ventures between groups of organisations that are designed to develop, promote, enhance or access blockchain / DLT technologies. This section provides a detailed overview of the types of blockchain consortia, the reasons for the use of blockchain consortia and a consideration of the two most widely adopted blockchain consortia models before addressing key legal risks and issues to be considered when joining or creating consortia including: investment, governance, liability, competition, IPRs, compliance and tax.
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06/06/2023 13:06
10 - Data Protection
This section is split in two parts. Part A draws on expert evidence from the ICO and key actors in both the academic and private sphere to acknowledge the fundamental tensions that exist between blockchain technology and the UK GDPR. It focusses its analysis on questions that are particularly problematic for practitioners, namely the definition of ‘personal data’ and the impact of technological changes on the blockchain / DLT space.
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06/06/2023 13:07
11 - Intellectual Property
This section sets out a comprehensive overview of the potential impact of blockchain / DLT on the recording, protection, management and enforcement of IPRs.
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06/06/2023 13:47
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12 - Dispute Resolution
This section is split in three parts. Part A looks holistically at the impact of technological change, and blockchain / DLT technologies specifically, on the legal profession in a contentious context and the challenges these present to the administration of justice and procedural fairness.
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06/06/2023 13:07
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13 - Competition
This section begins with an introduction which emphasises the competitive benefits of blockchain, in particular the promotion of consumer welfare. It then considers potential competition harms arising in the blockchain context. Finally, it addresses enforcement issues for competition regulators.
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06/06/2023 13:08
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14 - Blockchain and Tax
The transformative potential of DLT extends to the tax system where there is immense scope for disruption. DLT and blockchain technology have the potential to revolutionise how transactions are taxed and reported given the core characteristics of the technology. This section deals with three key tax issues for legal practitioners: taxation of cryptoassets and blockchain; impact of blockchain on the in-house tax function; and impact of blockchain on tax authorities.
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06/06/2023 13:09
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15 - Blockchain and ESG
As the popularity of virtual assets has grown, attention has started to focus on the industry’s environmental, social, and governance (ESG) performance. This section examines the rise of ESG considerations amongst corporates, financial institutions and investors, and how this affects their interactions with cryptocurrency firms. It looks at the various ESG-related concerns and questions associated with cryptocurrency businesses and some of the challenges these businesses may need to overcome as ESG matters take on greater significance.
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06/06/2023 13:09
16 - Blockchain and Family Law
This chapter considers the issues arising within the voluntary settlement process, things for new couples to be aware of, and what should be considered when attempting to reach an agreement or inviting a Court to become involved.
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06/06/2023 13:10
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17 - The Legal and Regulatory Impacts of Non-Centralisation
This chapter focuses on how non-centralised networks can disrupt P2P platforms by helping to solve their unique challenges, and the potential legal and regulatory hurdles arising from this disruption.
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06/06/2023 13:10
Extra - MiCA Regulation
Vasilis Charalambous, Head of GZG Tech, George Z. Georgiou & Associates, discusses the proposal for a Regulation of the European Parliament and of the Council on Markets in Crypto-assets and amending Directive (EU) 2019/1937 (‘MiCA’, ‘Regulation’) - part of the European Commission’s Digital Finance Package, which was announced in September 2020.
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09/06/2023 09:35
