Inside FinTech

BCAP publishes new rule restricting broadcast ads for qualifying cryptoassets

On 3 October 2024, the Broadcast Committee of Advertising Practice (BCAP) published a new rule explicitly banning advertisements for certain types of cryptoasset products from being broadcast to mainstream, non-specialist audiences.

Global | Articles | October 10, 2024

Cryptoassets / cryptocurrencies / stablecoins and CBDCs

FCA consults on new regulatory reporting return for firms engaging in certain consumer credit activities

On 12 September 2024, the Financial Conduct Authority (FCA) published Consultation Paper CP24/19 on Consumer Credit Regulatory Returns: Credit Broking, Debt Adjusting, Debt Counselling and Providing Credit Information Services (CP24/19). CP24/19 sets out the FCA’s proposal to issue a new regulatory reporting return for consumer credit firms who engage in one or more of the regulated activities of credit broking, debt adjusting, debt counselling, and providing credit information services.

Global | Articles | October 03, 2024

Consumer credit

Digital assets push payment fraud: Crypto exchange escapes liability

In D’Aloia v Persons Unknown [2024] EWHC 2342 (Ch), the High Court has given judgment in a claim against a cryptocurrency exchange for return of fraudulently misappropriated cryptocurrency. The Court found in favour of the exchange on the basis that the cryptocurrency could not be traced to it.

Global | Articles | October 02, 2024

Cryptoassets / cryptocurrencies / stablecoins and CBDCs

Decentralised Finance (DeFi): Litigation risk and safeguards

The growth of decentralised finance (DeFi) has resulted in the rapid development of both regulatory and judicial oversight. As regulators and courts grapple with issues ranging from the definition of “property” to questions of control and governance, including how to determine relevant laws and courts, we are seeing an increase in requests for advice on exposure to civil disputes risk from a range of industry participants, including financial institutions, investors and software engineers.

Global | Articles | October 02, 2024

DeFi

Blockchain law: When blockchain analytics meet the ‘Daubert’ test

Blockchain analysis claims to be able to break through the supposed anonymity of blockchain transactions and identify the individuals involved. But when such analysis is proffered in litigation, can it meet the Daubert gatekeeping test for reliable, admissible evidence under Rule 702 of the Federal Rules of Evidence?

Global | Articles | August 01, 2024

Distributed ledger technologies / blockchain and smart contracts

12th Annual European Data Protection Conference

Please join us at our 12th Annual European Data Protection Conference. The conference will take place in: Frankfurt | Monday, September 30, 2024 | 11:00 – 14:30 CEST Amsterdam | Tuesday, October 1, 2024 | 09:00 – 12:30 CEST Paris | Wednesday, October 2, 2024 | 09:00 – 12:30 CEST London | Thursday, October 3, 2024 | 09:00 – 12:30 BST

Global | Articles | August 01, 2024

Data and cybersecurity

Malaysia introduces watershed amendments to Personal Data Protection Act 2010

On 16 July 2024, the Malaysian Dewan Rakyat (House of Representatives of the Malaysian Parliament) passed the Personal Data Protection (Amendment) Bill 2024 (the PDP Bill). The PDP Bill, which had been under review by the Malaysian Government for some years, introduces significant changes to Malaysia’s Personal Data Protection Act 2010 (the Malaysian PDPA), aimed at aligning the Malaysian approach more closely with international data protection regimes.

Global | Articles | August 01, 2024

Data and cybersecurity

Law Commission publishes scoping paper on decentralised autonomous organisations

On 11 July 2024, the Law Commission for England and Wales published a scoping paper on decentralised autonomous organisations (DAOs). This follows on from (and is informed by responses to) a call for evidence published in November 2022.

Global | Articles | July 24, 2024

Blog post

GBBC Future of Finance Conference: Key Takeaways

On Thursday 20 June we hosted the Future of Finance Conference with the Global Blockchain Business Council at our offices in London.

Global | Articles | July 08, 2024

Distributed ledger technologies / blockchain and smart contracts