31.07.2024

Protection of Rights over Digital Assets

The world is undergoing an unprecedented digital transformation. The emergence of new technologies such as cryptocurrencies, non fungible tokens (NFTs) and the metaverse has given rise to a new asset class called "digital assets." These assets, which exist solely in digital form, have unique characteristics that differentiate them from traditional assets such as stocks, bonds and real estate.

This rapid evolution has also brought with it a number of legal challenges. The lack of clear and harmonized regulatory frameworks at a global level, the complexity of the underlying technologies and the cross-border nature of transactions with digital assets, generate uncertainty and risks for both investors and users.

Por Calleja del Moral, Elisa

Main types of digital assets and their current regulation.

Digital assets encompass a wide range of items, including cryptocurrencies, non-fungible tokens (NFTs) and tokenized digital assets.

Cryptocurrencies are decentralized digital currencies that use blockchain technology to secure their operation. Bitcoin, Ethereum and Litecoin are some prominent examples.

Non-fungible tokens (NFTs) are unique and indivisible digital assets that represent ownership of a digital or physical object. NFTs are frequently used in digital art, collectibles and video games.

Tokenized digital assets are digital representations of traditional assets, such as stocks, bonds or real estate. Tokenization enables the fractionation and trading of these assets in digital markets.

The regulation of digital assets varies significantly from country to country. Some countries have adopted specific regulatory approaches for cryptocurrencies, while others have not yet established a legal framework. The absence of globally harmonized regulation creates legal uncertainty and makes it difficult to protect investors’ rights.

Strategies to protect your rights in the field of digital assets.

In this complex and changing environment, it is essential to take the following steps to protect your rights in the digital asset arena:

1. Be properly informed

Before investing or carrying out any transaction with digital assets, it is necessary to thoroughly investigate the projects, platforms and technologies involved, as well as to understand their characteristics, risks and current regulations.

2. Choose secure digital asset exchange and custody platforms

Select trusted digital asset exchange and custody platforms that implement important security measures to protect your assets against theft, fraud and cyber-attacks.

3. Digital asset storage and backup

Always keep your digital assets safe by using appropriate digital wallets.

Also, periodically make backup copies of your private keys.

4. Specialized legal advice

Consult with an experienced digital asset lawyer before making important decisions. A professional will help you understand the legal risks, comply with regulatory obligations and protect your rights in the event of a dispute.

5. Keep up to date.

The digital asset environment is evolving rapidly. Follow the latest news and current legal regulations to stay informed and make the right decisions.

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Tokenisation of Real Assets: The New Financial Paradigm

The financial world is constantly evolving, and the tokenisation of real assets is emerging as one of the most disruptive paradigms of recent years. This technology, based on the blockchain, makes it possible to convert tangible assets such as real estate, works of art or even traditional financial assets into digital tokens that can be easily traded on secondary markets.

Importance of having specialized legal advice on digital assets.

The complexity of the legal and regulatory environment surrounding digital assets makes it crucial to have the advice of a lawyer specialized in this area.

An experienced digital asset lawyer can help you understand the legal risks associated with digital investments, comply with applicable legal and regulatory obligations, protect your rights, structure transactions safely and efficiently, and resolve legal disputes involving digital assets.

At ILP Abogados, we have a team of highly qualified and experienced lawyers in the field of digital assets. We offer comprehensive legal advice to investors, companies and individuals operating in this environment. Our extensive experience allows us to provide you with customized and effective solutions to protect your rights in the digital world.

Do not hesitate to contact us if you need legal advice on any aspect related to digital assets. We will be pleased to assist you and solve all your doubts.

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The Blockchain Revolutión And The Future Of Digital Assets

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