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Alaya Legal

Practice Areas / IT and AI / Crypto and Virtual Currency

Crypto and Virtual Currency

Crypto and virtual currency are part of how our technology practice has evolved alongside developments like blockchain and fintech, and we advise clients on the legal and regulatory issues that come with working in this space.

Navigating Innovation with Legal Clarity.

We advise businesses on the legal and regulatory aspects of crypto assets and virtual currencies, including blockchain-based transactions, digital asset platforms, token-related activities, and emerging financial technologies.

Our guidance covers regulatory compliance, contractual frameworks, risk management, data protection, and evolving legal requirements, helping businesses navigate the rapidly changing virtual asset ecosystem with confidence.

What We Handle

Crypto and virtual digital asset regulatory advisory: Advise businesses operating in the crypto, virtual currency and virtual digital asset (VDA) ecosystem on the legal and regulatory implications of their proposed products and business models, including regulatory characterisation, applicable AML/KYC requirements, tax and reporting considerations, consumer protection, advertising and promotional restrictions, data protection, cybersecurity and cross-border considerations.

Token issuance and digital asset structuring: Advise on the legal and contractual architecture for token issuance and digital asset projects, including the nature and characteristics of proposed tokens, rights attaching to tokens, issuance and distribution structures, platform and user arrangements, disclosures, transfer and custody mechanisms, intellectual property and technology rights, and allocation of risks and liabilities among issuers, developers, platform operators, investors and users.

Blockchain infrastructure and Web3 advisory: Advise on legal issues arising from the development and deployment of blockchain infrastructure and Web3 platforms, including decentralised and distributed technology models, smart-contract arrangements, governance structures, technology and IP ownership, third-party developer and infrastructure arrangements, data protection, cybersecurity, platform terms, and user-facing documentation.

Regulatory structuring and risk assessment: Advise on structuring blockchain and digital asset business models within the applicable legal and regulatory framework, including regulatory perimeter analysis, AML/KYC frameworks and compliance frameworks, contractual risk allocation, cross-border considerations and measures to address regulatory uncertainty and evolving requirements.

Representative Experience

Token issuance and Web3 platform advisory. Advised on the structuring and legal framework for a token-based Web3 platform, including the proposed token model and the rights and functionalities associated with the token. Advised on the legal and regulatory considerations surrounding token issuance, distribution and transfer, including applicable AML/KYC, tax, consumer protection, data protection and cross-border considerations. Structured the contractual framework governing relationships among the token issuer, technology and platform developers, ecosystem participants, users and service providers, including disclosures, user terms, intellectual property protections, liability allocation and risk-mitigation measures.

Blockchain infrastructure project. Advised on the legal and contractual framework for a blockchain infrastructure project, including structuring arrangements among technology developers, infrastructure providers, platform operators and users. Addressed issues relating to ownership and licensing of blockchain technology and code, development and maintenance obligations, smart contracts, intellectual property, data protection and cybersecurity, service levels, third-party dependencies, governance, confidentiality, indemnities and limitation of liability. Advised on contractual structures designed to allocate technology, operational and regulatory risks across the blockchain ecosystem.

Web3 platform structuring. Advised on the legal architecture of a Web3 platform, including platform terms, participant and developer arrangements, digital asset-related rights and obligations, technology and IP ownership, smart-contract interfaces, data protection and cybersecurity requirements, and regulatory considerations arising from the platform’s proposed activities. Advised on structuring the platform’s contractual and compliance framework to accommodate decentralised technology, multiple ecosystem participants and evolving regulatory requirements across jurisdictions.

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