3 December 2024

New Legislation in Parliament Aims to Define Legal Status of Cryptocurrencies and Digital Assets

The UK Parliament has introduced a new bill to clarify the legal status of cryptocurrencies and digital assets, providing enhanced protections for owners and positioning Britain as a leader in the digital economy.

New Legislation in Parliament Aims to Define Legal Status of Cryptocurrencies and Digital Assets

In a significant move for the digital economy, a new bill has been introduced in the UK Parliament aimed at clarifying the legal status of cryptocurrencies and other digital assets. This legislation, known as the Property (Digital Assets etc) Bill, was presented on September 11, 2024, and marks a historic moment for digital asset owners in Britain.

The proposed law will classify digital assets, including cryptocurrencies like Bitcoin, non-fungible tokens (NFTs), and carbon credits, as personal property for the first time. This change is expected to provide tech-savvy individuals and businesses with enhanced legal protections, ensuring that their digital holdings are recognized under English and Welsh law.

Previously, the legal status of digital assets was ambiguous, leaving owners vulnerable in cases of fraud or disputes. The new legislation aims to eliminate this uncertainty, offering legal recourse against scams and providing a framework for resolving disputes involving digital assets, such as in divorce settlements.

By adopting this legislation, the UK positions itself as a leader in the global crypto landscape, being among the first nations to formally recognize digital assets in law. This proactive approach is essential for maintaining the UK's competitive edge in the rapidly evolving tech industry.

The legal sector, which contributes approximately £34 billion annually to the UK economy, is expected to benefit significantly from this clarity. The recognition of digital assets will not only attract more business and investment but will also enhance the UK's reputation as a hub for international legal services, given that English law currently governs £250 billion worth of global mergers and acquisitions and 40% of corporate arbitrations worldwide.

The introduction of this bill follows the Law Commission’s 2023 report, which identified barriers to recognizing digital assets as property under existing laws. The report recommended actionable solutions, leading to the development of this new legislation.

The Property (Digital Assets etc) Bill introduces a third category of property, alongside “things in possession” (like money and cars) and “things in action” (such as debts and shares), allowing certain digital assets to be classified as personal property. This change is crucial for adapting the legal framework to the realities of modern technology and ensuring that the law keeps pace with innovation.

In summary, the new bill is a landmark step towards providing legal clarity and protection for digital asset owners in the UK, reinforcing the country’s status as a leader in the global digital economy.

Source: GOV.UK