Key topics - Osborne Clarke

Blockchain

Blockchain is emerging as a candidate for one of the major disruptive technologies of our time, with the potential to transform a huge number of industry sectors in the near future.

While many will have heard of blockchain, not everyone may appreciate fully the extent of its applications, its (current) practical limitations, or the unique legal challenges that it poses.

We focus on these issues and offer our insights into some of the potential uses for and issues associated with blockchain, distributed ledger technology and crypto-currencies. You can also read our overview of blockchain as a concept.

Article list

Sanctions, ownership and related issues

UK OFSI issues first 'disclosure notice' censuring sanctions breach

Decision provides guidance on compliance as Financial Conduct Authority issues its own sanctions-compliance findings

19/09/2023

Sanctions, ownership and related issues

UK OFSI issues first 'disclosure notice' censuring sanctions breach

19/09/2023

Blockchain

Cryptocurrency tokens: should they be treated as a 'security' based on manner of sale?

A Singapore view on XRP and LUNA-UST tokens following two US judgments on Securities and Exchange Commission cases

14/08/2023

Financial Services

Singapore proposes regulation for digital payment token services

Asset segregation, lending and staking, and incentive restrictions are the main reforms raised in a recent MAS paper

07/08/2023

Blockchain

Exploring the EU MiCAR crypto-asset transfer service

The new EU rules specify 10 crypto-asset services and our MiCAR 'deep dive' series opens with a look at transfer...

07/08/2023

Blockchain

Law Commission report positions UK as a centre for digital asset disputes

Long-awaited paper identifies the strength of English common law in addressing legal issues arising from digital assets

14/07/2023

Blockchain

What are the implications of the EU Data Act for smart contract operators?

EU policymakers finalise long-anticipated new data rules that have far-reaching significance for smart contracts

07/07/2023

Financial Services

Marketing cryptoassets in the UK? Prepare for new rules this autumn

The UK regulator has confirmed near-final rules governing how firms can promote cryptoassets from 8 October 2023

28/06/2023

Tax

HMRC consults on proposals to change the tax treatment of lending and staking tokens in the UK

Changing the tax treatment of decentralised finance lending and staking of cryptoassets could bring welcome certainty for VC and PE...

15/06/2023

Blockchain

Defending claims against crypto exchanges in English law: the surprising benefit of turning up

High Court decision raises hurdle for crypto-fraud victims when tracing into the pooled assets of 'bona fide' exchanges

24/05/2023

Financial Services

UK government moves to regulate promotion of cryptoassets

Marketing of in-scope digital assets will be subject to restriction long familiar to wider financial services sector

30/03/2023

Financial Services

Financial Conduct Authority lays down clear priorities for UK payments sector

UK financial services regulator warns of 'unacceptable risk' that some payments firms pose to customers and the financial system's stability

23/03/2023

Financial Services

New rules on advertisements for virtual currencies in Belgium

Reforms coming into force in May will provide a new legal framework for cryptocurrency ads to protect Belgian consumers

21/03/2023

Employment and pensions

Is there a role for cryptoassets in the future of employee remuneration in the UK?

As regulators contend with cryptoassets, their role as a form of remuneration may develop – though there are considerable legal...

23/02/2023

Supply chains

How to protect against counterfeit goods in distressed supply chains

A clear and robust IP strategy can help to fight the recent proliferation of infringements across international trade

09/01/2023

The Built Environment

A look ahead for UK real estate in 2023

The new year will be a busy one – including the implementation of new regimes for overseas ownership of UK...

06/01/2023

Financial Services

Crypto crisis begs the question in the UK: brave new world, same old problems?

Volatility and failures that hark back to the credit crunch may drive crypto regulation to protect financial stability

08/12/2022

Blockchain

Tokenisation of real estate: the way forward

What is needed to bring tokenisation mainstream? The final article in this series offers a route map for implementation

05/12/2022

Blockchain

Tokenisation of real estate: what are the barriers?

To succeed, tokenisation must win investor trust and comply with land law's formalities and financial regulation's rigour

05/12/2022

Blockchain

Tokenisation of real estate: an untapped opportunity

What is tokenisation and what significant potential benefits could it offer?

05/12/2022

Financial Services

VC Focus | 10 digital token 'must knows' for international venture capital

What should VCs know about investing in tokens and what could safeguard the ability to invest in them in the...

08/11/2022

Read time 9m

Blockchain

What is the Ethereum 'Merge' and how will it make blockchain greener?

'The Merge' will significantly decarbonise the infrastructure for many blockchain applications, such as crypto assets, NFTs and DeFi systems

13/09/2022

Blockchain

Law Commission launches digital assets consultation

UK businesses involved in crypto-token transactions have an opportunity to shape the future regulation of crypto-assets

26/08/2022

Sanctions, ownership and related issues

New sanctions reporting obligation on crypto-asset exchanges and custodian wallet providers

New regulations increasing the obligations to report under the UK financial sanctions regime are likely to impose significant burdens on...

20/07/2022

Financial Services

Political agreement reached on the EU's Markets in Crypto Assets Regulation

New regulatory framework for crypto expected to come into force in 2024 – with implications for issuers and service providers...

15/07/2022

Corporate

Crypto and blockchain in M&A: how to address issues around volatility, validity and valuation

The value of crypto-funded deals has doubled over the last couple of years, but there are specific challenges for parties...

30/06/2022

Tech, Media and Comms

Blockchain in the metaverse: what international regulatory challenges lie ahead?

A metaverse unleashed by blockchain technology raises big questions for digital, financial and data regulators the world over

21/04/2022

Digitalisation

Not everyone's cup of NFT

Are NFTs a type of property and what fraud and security risks arise from their technical implementation?

11/02/2022

Urban Dynamics

Future living: How proptech is transforming home buying

Increased technology usage since the pandemic began has fundamentally altered the residential transaction process

25/01/2022

Blockchain

Law Commission concludes English law supports smart contracts

Businesses can take comfort that smart contract technology can create legally binding agreements, but should be aware of remaining areas...

18/01/2022

Digitalisation

Digitalisation | Five legal and regulatory predictions for 2022

As another year gets underway, and digitalisation continues to transform businesses across all sectors, we offer five predictions for tech...

07/01/2022

Blockchain

Report on the UK's blockchain landscape confirms London as global hub

The Big Innovation Centre highlights the strength and breadth of UK's blockchain ecosystem in its new report

19/11/2021

Read time 3m

Blockchain

What are the legal issues around NFTs?

Our international blockchain, technology, data, intellectual property and finreg specialists discuss the legal issues raised by the growing commercial activity...

14/10/2021

Tech, Media and Comms

Metaverse Report

A joint Osborne Clarke and Newzoo report on the games industry's early embrace of the metaverse and the legal issues...

12/10/2021

Read time 3m

Financial Services

Cryptoexchange ordered to reveal account holder information linked to multi-million cryptocurrency fraud

Decision confirms English courts' willingness to assist victims of crypto-asset fraud in recovering their property

31/08/2021

Read time 6m

Blockchain

Why not all blockchain has a heavy carbon footprint

The carbon footprint of Bitcoin and other cryptocurrencies has been making headlines recently. We explain what drives their energy consumption...

14/05/2021

Employment and pensions

Can pension schemes invest in cryptocurrencies?

The recent increase in Bitcoin's price has renewed interest in cryptocurrencies, but what legal issues should trustees consider before investing?

07/05/2021

Blockchain

UKJT consults on new Digital Dispute Resolution Rules for FinTechs

The UK Jurisdiction Taskforce (UKJT) has proposed a new, faster and more flexible approach to dispute resolution tailored for disputes...

25/03/2021

Commercial

Cryptoassets case law homes in on location, location, location!

Slowly but surely the English courts are defining the legal status of cryptocurrencies by confirming the rights that go with...

25/02/2021

Blockchain

Blockchain and its role in the fight against Covid

With the ability to provide a secure and reliable record of vaccine delivery, the technology is set to play a...

23/02/2021

Digital transformation

World Economic Forum releases benchmark Blockchain Deployment Toolkit

15/05/2020

Digital transformation

Cryptoassets and smart contracts | What is their legal status under English law?

Innovators and investors in blockchain-based business models can take comfort from a recent analysis that cryptoassets can be a form...

13/12/2019

Workforce Solutions

What are the key Digital Transformation issues for Recruitment and Workforce Solutions companies?

26/09/2019

Tech, Media and Comms

Legal status of cryptoassets, distributed ledger technology and smart contracts| Consultation on what needs clarifying

29/05/2019

Financial Services

FCA consultation on Cryptoassets brings welcome clarity on extent of regulatory perimeter

16/05/2019

Financial Services

What will MLD5 mean for the regulation of Cryptoassets?

16/05/2019

Blockchain

Will blockchain drive the evolution of cognitive supply chains?

13/05/2019

Blockchain

Law Commission hits pause on smart contracts project, making way for LawTech Delivery Panel

The Law Society's LawTech Delivery Panel will be taking the lead role in investigating the role and regulation of smart...

01/04/2019

Blockchain

Why blockchain matters to your business | Insights into the growth of private blockchains

15/03/2019

Blockchain

Blockchain and GDPR: beyond the right to be forgotten

In September 2018, the French data protection authority (CNIL) issued a report considering Blockchain technology from a personal data protection...

26/11/2018

Tax

Taxation of cryptocurrencies in Europe: an overview

17/09/2018

Blockchain

The Digital Revolution: Blockchain – the legal issues

Blockchain is already presenting new opportunities for businesses in a range of sectors - but how will it be regulated?

13/09/2018

Blockchain

The Digital Revolution: How blockchain works

Blockchain is emerging as a candidate for one of the major disruptive technologies of our time – but what is...

22/08/2018

Financial Services

The other side of the (bit)coin: the prudential treatment of crypto-assets

Much has been written on the topic of crypto-asset regulation from an issuer / intermediary perspective - is the crypto...

25/07/2018

Blockchain

English law and smart contracts: primed and ready?

25/07/2018

Blockchain

Decrypting blockchain: stepping back from crypto

29/05/2018

Blockchain

Hong Kong Regulators take action against cryptocurrency exchanges

05/03/2018

Blockchain

UK lawmakers' inquiry into digital currency seeks balance between protecting consumers and stifling innovation

23/02/2018

Blockchain

Planning for the revolution | Is blockchain going to disrupt the property planning process?

01/02/2018

Blockchain

Blockchain in the financial services sector: what's on the regulator's agenda?

03/01/2018

Blockchain

Blockchain in finance: what are the most promising uses?

23/11/2017

Blockchain and identity: a solution without a problem?

02/11/2017

Blockchain

Blockchain and land registries: records of the future?

28/09/2017

Initial Coin Offerings - the tension between innovation and regulation in Singapore

12/09/2017

Initial Coin Offerings: the legal implications

12/09/2017

Blockchain and invoice finance: an early benefit analysis

01/09/2017

Blockchain

Can blockchain technology improve online gambling transparency?

01/09/2017

Sing a song of blockchain: will it replace collecting societies?

01/09/2017

Blockchain

Beyond Bitcoin: why blockchain matters to your business

11/08/2017

Blockchain

An introduction to Blockchain: the key legal issues

11/08/2017

Blockchain technology – an early regulatory assessment

17/02/2017

View all insights

Sanctions, ownership and related issues

UK OFSI issues first 'disclosure notice' censuring sanctions breach

Decision provides guidance on compliance as Financial Conduct Authority issues its own sanctions-compliance findings

19/09/2023

Sanctions, ownership and related issues

UK OFSI issues first 'disclosure notice' censuring sanctions breach

19/09/2023

Blockchain

Cryptocurrency tokens: should they be treated as a 'security' based on manner of sale?

A Singapore view on XRP and LUNA-UST tokens following two US judgments on Securities and Exchange Commission cases

14/08/2023

Financial Services

Singapore proposes regulation for digital payment token services

Asset segregation, lending and staking, and incentive restrictions are the main reforms raised in a recent MAS paper

07/08/2023

Blockchain

Exploring the EU MiCAR crypto-asset transfer service

The new EU rules specify 10 crypto-asset services and our MiCAR 'deep dive' series opens with a look at transfer...

07/08/2023

Blockchain

Law Commission report positions UK as a centre for digital asset disputes

Long-awaited paper identifies the strength of English common law in addressing legal issues arising from digital assets

14/07/2023

Blockchain

What are the implications of the EU Data Act for smart contract operators?

EU policymakers finalise long-anticipated new data rules that have far-reaching significance for smart contracts

07/07/2023

Financial Services

Marketing cryptoassets in the UK? Prepare for new rules this autumn

The UK regulator has confirmed near-final rules governing how firms can promote cryptoassets from 8 October 2023

28/06/2023

Tax

HMRC consults on proposals to change the tax treatment of lending and staking tokens in the UK

Changing the tax treatment of decentralised finance lending and staking of cryptoassets could bring welcome certainty for VC and PE...

15/06/2023

Blockchain

Defending claims against crypto exchanges in English law: the surprising benefit of turning up

High Court decision raises hurdle for crypto-fraud victims when tracing into the pooled assets of 'bona fide' exchanges

24/05/2023

Financial Services

UK government moves to regulate promotion of cryptoassets

Marketing of in-scope digital assets will be subject to restriction long familiar to wider financial services sector

30/03/2023

Financial Services

Financial Conduct Authority lays down clear priorities for UK payments sector

UK financial services regulator warns of 'unacceptable risk' that some payments firms pose to customers and the financial system's stability

23/03/2023

Financial Services

New rules on advertisements for virtual currencies in Belgium

Reforms coming into force in May will provide a new legal framework for cryptocurrency ads to protect Belgian consumers

21/03/2023

Employment and pensions

Is there a role for cryptoassets in the future of employee remuneration in the UK?

As regulators contend with cryptoassets, their role as a form of remuneration may develop – though there are considerable legal...

23/02/2023

Supply chains

How to protect against counterfeit goods in distressed supply chains

A clear and robust IP strategy can help to fight the recent proliferation of infringements across international trade

09/01/2023

The Built Environment

A look ahead for UK real estate in 2023

The new year will be a busy one – including the implementation of new regimes for overseas ownership of UK...

06/01/2023

Financial Services

Crypto crisis begs the question in the UK: brave new world, same old problems?

Volatility and failures that hark back to the credit crunch may drive crypto regulation to protect financial stability

08/12/2022

Blockchain

Tokenisation of real estate: the way forward

What is needed to bring tokenisation mainstream? The final article in this series offers a route map for implementation

05/12/2022

Blockchain

Tokenisation of real estate: what are the barriers?

To succeed, tokenisation must win investor trust and comply with land law's formalities and financial regulation's rigour

05/12/2022

Blockchain

Tokenisation of real estate: an untapped opportunity

What is tokenisation and what significant potential benefits could it offer?

05/12/2022

Financial Services

VC Focus | 10 digital token 'must knows' for international venture capital

What should VCs know about investing in tokens and what could safeguard the ability to invest in them in the...

08/11/2022

Read time 9m

Blockchain

What is the Ethereum 'Merge' and how will it make blockchain greener?

'The Merge' will significantly decarbonise the infrastructure for many blockchain applications, such as crypto assets, NFTs and DeFi systems

13/09/2022

Blockchain

Law Commission launches digital assets consultation

UK businesses involved in crypto-token transactions have an opportunity to shape the future regulation of crypto-assets

26/08/2022

Sanctions, ownership and related issues

New sanctions reporting obligation on crypto-asset exchanges and custodian wallet providers

New regulations increasing the obligations to report under the UK financial sanctions regime are likely to impose significant burdens on...

20/07/2022

Financial Services

Political agreement reached on the EU's Markets in Crypto Assets Regulation

New regulatory framework for crypto expected to come into force in 2024 – with implications for issuers and service providers...

15/07/2022

Corporate

Crypto and blockchain in M&A: how to address issues around volatility, validity and valuation

The value of crypto-funded deals has doubled over the last couple of years, but there are specific challenges for parties...

30/06/2022

Tech, Media and Comms

Blockchain in the metaverse: what international regulatory challenges lie ahead?

A metaverse unleashed by blockchain technology raises big questions for digital, financial and data regulators the world over

21/04/2022

Digitalisation

Not everyone's cup of NFT

Are NFTs a type of property and what fraud and security risks arise from their technical implementation?

11/02/2022

Urban Dynamics

Future living: How proptech is transforming home buying

Increased technology usage since the pandemic began has fundamentally altered the residential transaction process

25/01/2022

Blockchain

Law Commission concludes English law supports smart contracts

Businesses can take comfort that smart contract technology can create legally binding agreements, but should be aware of remaining areas...

18/01/2022

Digitalisation

Digitalisation | Five legal and regulatory predictions for 2022

As another year gets underway, and digitalisation continues to transform businesses across all sectors, we offer five predictions for tech...

07/01/2022

Blockchain

Report on the UK's blockchain landscape confirms London as global hub

The Big Innovation Centre highlights the strength and breadth of UK's blockchain ecosystem in its new report

19/11/2021

Read time 3m

Blockchain

What are the legal issues around NFTs?

Our international blockchain, technology, data, intellectual property and finreg specialists discuss the legal issues raised by the growing commercial activity...

14/10/2021

Tech, Media and Comms

Metaverse Report

A joint Osborne Clarke and Newzoo report on the games industry's early embrace of the metaverse and the legal issues...

12/10/2021

Read time 3m

Financial Services

Cryptoexchange ordered to reveal account holder information linked to multi-million cryptocurrency fraud

Decision confirms English courts' willingness to assist victims of crypto-asset fraud in recovering their property

31/08/2021

Read time 6m

Blockchain

Why not all blockchain has a heavy carbon footprint

The carbon footprint of Bitcoin and other cryptocurrencies has been making headlines recently. We explain what drives their energy consumption...

14/05/2021

Employment and pensions

Can pension schemes invest in cryptocurrencies?

The recent increase in Bitcoin's price has renewed interest in cryptocurrencies, but what legal issues should trustees consider before investing?

07/05/2021

Blockchain

UKJT consults on new Digital Dispute Resolution Rules for FinTechs

The UK Jurisdiction Taskforce (UKJT) has proposed a new, faster and more flexible approach to dispute resolution tailored for disputes...

25/03/2021

Commercial

Cryptoassets case law homes in on location, location, location!

Slowly but surely the English courts are defining the legal status of cryptocurrencies by confirming the rights that go with...

25/02/2021

Blockchain

Blockchain and its role in the fight against Covid

With the ability to provide a secure and reliable record of vaccine delivery, the technology is set to play a...

23/02/2021

Digital transformation

World Economic Forum releases benchmark Blockchain Deployment Toolkit

15/05/2020

Digital transformation

Cryptoassets and smart contracts | What is their legal status under English law?

Innovators and investors in blockchain-based business models can take comfort from a recent analysis that cryptoassets can be a form...

13/12/2019

Workforce Solutions

What are the key Digital Transformation issues for Recruitment and Workforce Solutions companies?

26/09/2019

Tech, Media and Comms

Legal status of cryptoassets, distributed ledger technology and smart contracts| Consultation on what needs clarifying

29/05/2019

Financial Services

FCA consultation on Cryptoassets brings welcome clarity on extent of regulatory perimeter

16/05/2019

Financial Services

What will MLD5 mean for the regulation of Cryptoassets?

16/05/2019

Blockchain

Will blockchain drive the evolution of cognitive supply chains?

13/05/2019

Blockchain

Law Commission hits pause on smart contracts project, making way for LawTech Delivery Panel

The Law Society's LawTech Delivery Panel will be taking the lead role in investigating the role and regulation of smart...

01/04/2019

Blockchain

Why blockchain matters to your business | Insights into the growth of private blockchains

15/03/2019

Blockchain

Blockchain and GDPR: beyond the right to be forgotten

In September 2018, the French data protection authority (CNIL) issued a report considering Blockchain technology from a personal data protection...

26/11/2018

Tax

Taxation of cryptocurrencies in Europe: an overview

17/09/2018

Blockchain

The Digital Revolution: Blockchain – the legal issues

Blockchain is already presenting new opportunities for businesses in a range of sectors - but how will it be regulated?

13/09/2018

Blockchain

The Digital Revolution: How blockchain works

Blockchain is emerging as a candidate for one of the major disruptive technologies of our time – but what is...

22/08/2018

Financial Services

The other side of the (bit)coin: the prudential treatment of crypto-assets

Much has been written on the topic of crypto-asset regulation from an issuer / intermediary perspective - is the crypto...

25/07/2018

Blockchain

Tanja Aschenbeck, LL.M. (San Francisco)

Partner, Fachanwältin für Steuerrecht, Germany

+49 221 5108 4104 Email Tanja Full biog

Mark Taylor

Partner, Head of Digitalisation, UK

+44 20 7105 7640 Email Mark Full biog

Xavier Pican

Partner, France

+33 1 84 82 45 88 Email Xavier Full biog

Ian McKenzie

Associate Director, UK

+44 20 7105 7558 Email Ian Full biog

Johannes de Jong

Partner, Advocaat, The Netherlands

+31 20 702 86 78 Email Johannes Full biog

Dr Tobias Rothkegel

Counsel, Germany

+49 40 55436 4054 Email Tobias Full biog

Steve Wilson

Managing Partner, US

+1 917 545 3672 Email Steve Full biog

Benjamin Docquir

Partner, Belgium

+32 2 515 93 36 Email Benjamin Full biog

Rafael García del Poyo

Partner, Spain

+34 91 576 44 76 Email Rafael Full biog

Gianluigi Marino

Partner, Head of Digitalisation, Italy

+39 02 5413 1769 Email Gianluigi Full biog

Jan Herrmann

Senior Associate, Germany

+49 221 5108 4104 Email Jan Full biog

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Blockchain

Article list