Smart contracts eloquently capture the dilemma facing traditional legal systems, whose inefficiency has reached dimensions threatening systemic incoherence and failure to achieve the purposes the law is intended to serve. The system needs urgent reform. But the alternative of replacing the law as we know it with automation and algorithms threatens the loss of the internal profundity of the law and its openness to nuances. This dilemma will be more and more apparent in the years to come. In this context, it is essential to achieve a clear understanding of the hopes and threats integral to smart contracts.
new tech law blog

Smart contracts – hope for the law?
First draft legislation regulating initial coin offerings
It should come as no surprise to attentive readers of this blog that the European Union may take up the regulation of ICOs as a method of obtaining funds through the public distribution of digital tokens (or coins).
So far, we have only been confronted with market speculation on this issue, and the Commission itself has not signalled a willingness to take any legislative steps in the imminent future (see e.g. FinTech action plan published in March 2018).
The tech revolution: A threat to the core values of civil society and the legal profession?
Over the past 20 years we have experienced technological developments dramatically changing our way of life. These developments, like all technological developments in general, help us perform various tasks more precisely, more efficiently, and faster. In general, they enable us to gain time.
However, when an invention solves one problem, it is quickly used for other purposes. It becomes applicable in completely different areas and leads to results not predicted and often not at all favoured by the inventor.
Taxation of income from trading in cryptocurrencies: A new approach
The Polish government is currently working on a completely new tax regime applicable to income from trading in cryptocurrencies (virtual currencies) for personal income tax and corporate income tax purposes. For PIT purposes, this income is to be taxed as income from cash capital at the rate of 19% regardless of whether the turnover is of a private nature or made in the course of business activity. For CIT purposes, the income from trading in cryptocurrencies will be classified as capital gains. These new rules would apply from 1 January 2019.
Is it time for a smart contracts codification commission?
The latest annual report from The Law Commission (an independent body responsible for reviewing existing laws and proposing legal reforms in England and Wales) included the announcement of a new effort to review the way in which the current English legal framework applies to smart contracts.
Who is the data controller in a blockchain?
In the latest Rzeczpospolita Report on the legal aspects of blockchain and its applications, I briefly discussed the challenges related to applying data protection regulations in this context. It is a complicated issue as it appears that blockchain can potentially challenge the basic assumptions and regulatory approaches provided by the GDPR.