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Blockchain and Cryptocurrency: International Legal and Regulatory Challenges PDF

457 Pages·2019·8.346 MB·English
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Blockchain and Cryptocurrency: International Legal and Regulatory Challenges Blockchain and Cryptocurrency: International Legal and Regulatory Challenges Second Edition Dean Armstrong KC Dan Hyde Sam Thomas BLOOMSBURY PROFESSIONAL Bloomsbury Publishing Plc 50 Bedford Square, London, WC1B 3DP, UK 1385 Broadway, New York, NY 10018, USA 29 Earlsfort Terrace, Dublin 2, Ireland BLOOMSBURY and the Diana logo are trademarks of Bloomsbury Publishing Plc © Bloomsbury Professional Ltd 2022 All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. While every care has been taken to ensure the accuracy of this work, no responsibility for loss or damage occasioned to any person acting or refraining from action as a result of any statement in it can be accepted by the authors, editors or publishers. All UK Government legislation and other public sector information used in the work is Crown Copyright ©. All House of Lords and House of Commons information used in the work is Parliamentary Copyright ©. This information is reused under the terms of the Open Government Licence v3.0 (http://www.nationalarchives.gov.uk/doc/open-government- licence/version/3) except where otherwise stated. All Eur-lex material used in the work is © European Union, http://eur-lex.europa.eu/, 1998-2022. British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN: PB: 978-1-52652-165-1 ePDF: 978-1-52652-167-5 ePub: 978-1-52652-166-8 Typeset by Evolution Design & Digital Ltd (Kent) To find out more about our authors and books visit www.bloomsburyprofessional.com. Here you will find extracts, author information, details of forthcoming events and the option to sign up for our newsletters Dedications This book is dedicated to my son, Freddie Armstrong, who is the inspiration for all that is good in my world. It is also for my mother Merle, father Paul, sister Paula, and for Oliver and Anna, whose love, help and support is without equal. Dedicated to my wonderful family, especially my parents Terence and Shirley Hyde, thank you for your unflinching support through thick and thin. For Mia Grace, my favourite person in the whole wide world. v About the authors DEAN ARMSTRONG KC Dean is a highly experienced practitioner who has been involved in some of the highest profile cases of the last decade. Dean heads the cyber team at 36 Commercial, part of the 36 Group barristers Chambers. Dean is one of the UK’s leading authorities on cyber law. Co-author of the first comprehensive textbook on the subject, he has advised international banks, large financial institutions, blue chip companies and major players in the not-for- profit sector. He is an expert in areas such as GDPR (General Data Protection Regulation), the impact of Brexit on data regulation, and how international firms should manage data across the world. He is a regular commentator on legal matters both for Sky and BBC on television and radio. His other publications include Cyber Litigation: The Legal Principles and Cyber Risk and Insurance: The Legal Principles. Dean is ranked in Band One in Cryptocurrency in the current edition of Chambers and Partners. He has a City background, having been employed by blue chip corporates and major City solicitors and has advised on mergers and acquisitions, directors’ and shareholders’ rights and obligations, and set up the regulatory regime for a major multinational company. The combination of City-based advisory experience and high-level advocacy makes him suitably placed to lead in high-profile contentious and non-contentious matters. PROFESSOR DAN HYDE Dan writes, practises and coaches innovative law. A pioneer of the law as it applies to emerging tech, he is a leading cyber lawyer, a partner at international law firm Harrison Clark Rickerbys, Visiting Professor of Law at Queen Mary, University of London, cyber coach-mentor at Cambridge Judge Business School and a mentor at Homerton College Changemakers. He has authored/co-authored the first books on cyber, data, blockchain and crypto regulation and is an expert in tech and financial regulation. Dan’s has delivered talks around the world and his commentaries have broadcast on national and international television and radio. He has a keen interest in entrepreneurship and helping innovative businesses achieve their goals. vii SAM THOMAS Sam Thomas has written and advised on every aspect of cyber law and regulation, from jurisdictional issues in the online environment to government oversight of cryptocurrency and initial coin offerings. Before being called to the Bar in 2011, Sam worked in the financial sector, as a broker for indices, commodities and treasuries. Consequently, Sam brings a practical insight with his robust legal analysis. viii Acknowledgements The authors would like to thank Dr Tahwinder Singh for his invaluable help with this edition. They would also like to thank Dr Saskia Hufnagel, School of Law, Queen Mary University of London for her consistent support and belief and Andre Spark, University of Cambridge Judge Business School for his guidance and encouragement. ix

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