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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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