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09 February 2024 / Sam Healey
Issue: 8058 / Categories: Features , Profession , Crypto , Cybercrime , Cyber
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Crypto law: not clear cut?

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Sam Healey explores the legal liabilities of crypto platforms in digital transactions
  • Cryptocurrencies present a range of challenges, including jurisdictional issues and identifying wrongdoers and liability.
  • Crypto platforms must comply with anti–money laundering (AML) regulations and be registered with the FCA. But more legal clarity is needed.

In the rapidly evolving world of cryptocurrencies, questions of legality and responsibility are beginning to take centre stage. One of the most prominent among these concerns is the liability of cryptocurrency platforms when investors are scammed or their cryptoassets are stolen.

To shed light on this topic, we must first outline the duties and responsibilities these platforms bear, and explain what rights and avenues for recompense an investor might have in the aftermath of a scam that targets digital assets.

Cryptoasset exchange providers are virtual spaces where users can trade, hold or sell their cryptoassets. They are similar to traditional financial institutions in some aspects, although distinct in operation given the nature of how the business takes place. So the question of liability

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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