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20180426 legal challenges related to blockchain technology


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De impact van GDPR op blockchain. of omgekeerd.

Published in: Law
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20180426 legal challenges related to blockchain technology

  1. 1. Blockchain: challenges and legal issues of new technology Digital Transformation Day 2018, Antwerp
  2. 2. Buzzwords of 2018… BLOCHCHAIN GDPR
  3. 3. Advantages of blockchain technology BC is a distributed P2P ledgers that makes it possible to share a record of transaction with a great number of participants Transactions cannot be manipulated, abused or changed Each participant (node) has a full copy of the ledger High level of data security Transactions are recorded based on consensus model between participants Cryptography is used for bot hidentity and integrity - PKI and hash
  4. 4. Advantages of blockchain technology BC is a distributed P2P ledgers that makes it possible to share a record of transaction with a great number of participants Security Simplicity Trust
  5. 5. Possible legal issues and challenges related to blockchain technology Validity of contracts Proof of relationship/contract Both can be managed, especially in a B2B context SLA /availability Liability The elephant in the room… GDPR
  6. 6. A few basic principles of GDPR Transparancy Data Protection by design Data minimisation Accuracy Limited retention time Data security Purpose limitation Right to erasure Right to be forgotten Data storage within EU
  7. 7. Possible privacy issues in Blockchain Distinction should probavbly be made between Private BC (permission based) Public BC (permissionless) Everyone can participate Control over participants ID Everyone has acces Access and use management No control over location of data Acceptance of ToU prior to access Location of data can be managed
  8. 8. Inherent privacy issues in Blockchain Data subjects rights (errasure, correction, right to be forgotten, …) Data minimisation Limited retention times Applicable (data protection) laws (public vs. Private BC) Purpose limitation (Control over) data security (even if BC is in itself “secure”) Accuracy of data and right of correction >< in principle, data in BC cannot be changed Data export / Location of data storage (public vs. private BC) Identity of data controller / data ownership
  9. 9. Inherent privacy issues in Blockchain Consequence Storing personal data on a BC is not an option under GDPR The workaround You store the personal data off-chain and store the reference to this data, along with a hash of this data and other metadata (like claims and permissions about this data), on the blockchain. Personal data is then send P2P between users But Loss of control over who accessed / stored / used personal data, since it is no longer in BC Necessity to have P2P contact with all participants in the BC
  10. 10. Where Blockchain can be a helping hand (technical) data security Guaranteed quality of data / reliability of data / accuracy = Data protection by design
  11. 11. How Blockchain could even be a tool to ensure GDPR compliance BC could be used to execute data subject’s rights Right to acces Right of correction Data portability + could be used as part of accountability / documentation obligations under GDPR
  12. 12. Prepare for challenges Blockchain WILL have its breakthrough within 2 to 3 years Blockchain offers a great number of opportunities Users / early adapter should however be very aware of possible legal implications Before all GDPR / data protection laws
  13. 13. Prepare for challenges Detailed analyses of set up before getting started What data? Which participants? Public or private? Location of data? Terms of Use for participants? Applicable law …
  14. 14. Sirius Legal Media & advertisement law IP law Internet & e-commerce Privacy & cookies Gambling law Travel & consumer protection Commercial & contracts Corporate - tax - labour - immo @BartVdBrande