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UK’s digital assets bill brings much-needed clarity to digital asset regulation

Web3/Crypto
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Heidi Alexander, Member of Parliament | UK Parliament

On November 6, the UK government issued an updated version of the Property (Digital Assets Etc.) Bill, clarifying its approach to defining digital assets, including crypto tokens, as recognized property under English law. The update aims to provide greater security and clarity for individuals and businesses engaging with digital assets.

The bill addresses the unique nature of digital assets, which do not fit within the traditional property classifications of “things in possession” or “things in action.” By allowing digital assets to be classified as property through established legal tests, the bill empowers courts to grant property rights on a case-by-case basis. This approach aligns with international standards, placing the UK among jurisdictions such as the United States and Singapore in offering a structured yet adaptable legal environment for digital assets.

A recent case involving Blockchain.com, a £5bn London-headquartered cryptocurrency firm, has underscored the need for regulatory clarity. The Telegraph reported that senior executives at Blockchain.com are currently facing prosecution for delayed account filings, highlighting the demand for transparent regulatory standards in the sector.

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Founded in 2011, Blockchain.com is a leading cryptocurrency wallet provider, but recent compliance issues emphasize the importance of clear and enforceable regulatory expectations—a goal addressed by the Property (Digital Assets Etc.) Bill.

“It is essential that the law keeps pace with evolving technologies and this legislation will mean that the sector can maintain its position as a global leader in cryptoassets and bring clarity to complex property cases,” said Heidi Alexander, UK Member of Parliament

This update follows efforts by global cryptocurrency firms to scale up compliance to meet evolving standards. In 2023, Binance invested $213 million to enhance its compliance infrastructure, including AI tools and a larger compliance team. Similarly, Coinbase has secured multiple country licenses and collaborates with regulators to uphold transparent, compliant practices.

The UK reinforces its common law approach through this bill update, enabling courts to evaluate each digital asset’s unique characteristics to determine if it qualifies as property.

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The UK cryptocurrency market continues to pose challenges for exchanges as they adapt to stricter regulatory requirements. Cryptocurrency exchange Bitget recently relaunched its UK platform after halting services in May 2024 to comply with the UK Financial Conduct Authority’s (FCA) Financial Promotions regime. This relaunch reflects Bitget’s efforts to align with the FCA’s evolving standards, aimed at enhancing consumer protection in the digital asset space.

Nov 24, 2024

The Italian government recently announced a plan to increase the capital gains tax on bitcoin and other cryptocurrencies from 26% to 42%. This proposal, part of broader fiscal measures to support election pledges and reduce Italy’s fiscal deficit, has raised concerns among cryptocurrency investors and industry leaders.

Nov 24, 2024

On November 14, the European Banking Authority (EBA) released comprehensive guidelines for Payment Service Providers (PSPs) and Crypto-Asset Service Providers (CASPs) to ensure alignment with European Union (EU) and national restrictive measures. These guidelines aim to reduce risks and strengthen compliance when transferring funds or crypto assets.

Nov 22, 2024

The UK government is set to introduce new cryptocurrency regulations aimed at countering the growing appeal of the United States as a destination for crypto businesses. In response to concerns of regulatory delays following Brexit, the legislation focuses on establishing a clearer framework for stablecoins and staking activities, with the goal of strengthening the UK’s position as a global hub for digital assets.

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OpenAI, the world’s largest artificial intelligence company, has announced it will establish a new base in Paris.

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On October 30, UK Chancellor Rachel Reeves announced a capital gains tax (CGT) rate increase for high-income individuals, raising it to 24%. This change has raised concerns in the cryptocurrency community, where some investors fear that increased tax and regulatory pressures will diminish the UK's appeal for digital asset investment.

Nov 20, 2024