Digital law and new technologies
BLOCKCHAIN
Blockchain, understood as a technology, cannot be regulated, but the activities that use it can be regulated. However, due to the fact that the development of technologies is much faster than the development of the world of law in general and, in particular, of international law, it obliges providers and users of this technology to have good legal advice to avoid problems in the interpretation of their services.
Among other services, we offer advice on:
1. KYC and AML (Know your costumer/Anti-Money Laundering) regulations: Adapted for international clients from countries with tax regulations other than the EU.
2. Legal framework regarding the legal nature of blockchains and ledgers (Transaction Control Ledger) according to the local regulatory framework of the business.
3.Legal framework on the validity of documents stored in blockchain as proof of possession or existence.
4. Legal framework for smart contracts, financial instruments, cross-border data flow and protection of personal and confidential data.
NFT
The term NFT refers to No Fungile Tokens, i.e. codes that certify the ownership of an asset, in principle digital, such as music, videos, images or any kind of digital archive file. The particularity of these assets is that they represent unique and non-fungible values, i.e. they are not consumed with use.
The legal nature of tokens is not determined, as they are not regulated as such. Therefore, the different legal implications, depending on the value represented by the NFT, such as Intellectual Property, Image Rights, Transferability, etc., must be taken into account.
Our services include the issuance of NFT. It could be a painting, photograph, memes, GIFs as long as they are owned by a single holder and their characteristic is rarity for a good valuation in the market. Once the asset is chosen, the Blockchain provider is selected and the Wallet is set up. Once this is done, we help to choose the most suitable NFT's Marketplace and finally upload the file for sale.
CYBERSECURITY AND TECHNOLOGICAL COMPLIANCE
We prepare Cybersecurity and Technological Compliance protocols for
METAVERSE LAW
EUROPEAN DIGITAL LAW
The European Digital Services Act (DSA) will soon come into force to regulate the largest online platforms. Among others, relevant innovations over the current legislation, on the other hand totally ineffective and outdated with the digital reality:
It will apply to Intermediary Services to that offer network infrastructures: internet providers, data hosting services, search engines, online platforms that bring together sellers and consumers, and high-diffusion platforms that exceed 10% of total potential consumers.
The new obligations include the following:
1. Immediate removal of content directed at victims of cyber-violence and illegal content. It also recognizes the right to challenge content moderation decisions of the platforms by the affected users.
2. Action protocols must be established in online marketplaces, both of the know-your-customer type to ensure that consumers are properly informed and to prevent the sale of illegal products or services through their marketplace, and of the traceability of products through current technological solutions.
3. VLOSE-Very Large Online Aearch Engines (VLOSE) will be responsible for carrying out risk analyses on a routine basis to reduce the possible risks associated with the dissemination of illegal content, infringement of fundamental rights, manipulation of democratic processes, infringement of public safety, as well as content that may undermine the rights of minors and affect gender-based violence or any other type of violence.
4. Dark Patterns and algorithms. Both in the case of dark patterns, as in the case of algorithms may not be designed or used to hide, deceive, manipulate or coerce users so that they can freely make the decisions they want, also prohibiting discriminatory algorithms based on gender, race, religion or especially minors.
In general, the EU effect is intended to achieve greater control over large platforms, which will depend on the joint EU Commission, while smaller platforms will depend on each of the respective Member States.