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Crypto law: not clear cut?

09 February 2024 / Sam Healey
Issue: 8058 / Categories: Features , Profession , Crypto , Cybercrime , Cyber
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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

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

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Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

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NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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