Block­chain & Crypto­currency

The disruptive basic technology blockchain based on distributed ledger technology (DLT) and the various crypto assets created on this basis, such as NFTs and cryptocurrencies, are drivers of digital change and open up innovative business areas in all sectors of the economy. Our experts will advise you to ensure that the business models you implement are legally compliant.

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Interdisciplinary teams of experts
Close cooperation of our Digital Business and IT teams with Banking & Finance

The rapid development of distributed ledger technology (DLT) is not only opening up dynamic new business areas; it is also focusing attention on the potential risks of these technologies for business models. Legislators and supervisory authorities are also aware of this and are devising more and more legal requirements on market participants dealing with crypto assets and tokens. Our experts are ready to explain and support you in the practical implementation of the legal framework or accompany you every step of the way to your initial coin offering (ICO) or initial token offering (ITO). They are at your side to ensure that your projects and business models are compliant with the latest rules and regulations. We provide broad-based advice that is designed to meet your specific needs, concentrating on subjects such as the changing financial supervisory law, data and data protection law as well as cybersecurity risks.

 

Our services

Distributed ledger technology (DLT) and blockchain offer enormous potential for various industries by promising transparency and security in transactions and data management. However, the legal treatment of these technologies poses considerable challenges for potential users. Critical aspects include data law, data protection and compliance with financial supervisory regulations. Our law firm offers customised legal strategies that ensure that projects comply with the law and at the same time allow the benefits of DLT to be exploited. We assist our clients at every stage, from design and implementation to ongoing legal support, to ensure that their technologically innovative projects are legally sound.

Cryptocurrencies are reshaping the financial and investment landscape by offering decentralised alternatives to traditional currencies. Stable coins as well as government projects in the field of cryptocurrencies form a bridge between traditional financial instruments and new technologies. We are happy to assist you with the wide range of structuring options, from the development and issuance of cryptocurrencies (ICO) to ongoing regulatory compliance and risk management, so you can realise the full potential of digital assets with confidence.

The transfer of value to the blockchain also offers revolutionary opportunities in fundraising and investment. We support our clients at every stage, from the initial structuring of the offering through to ongoing compliance, company governance and investor relations, to minimise risk and pave the way for successful initiatives.

Digitalisation has not stopped at tangible assets either: tokenisation can be used to "deposit" on-chain and off-chain assets on the blockchain, making them traceable and digitally tradable. However, this also raises questions about the transfer of ownership as well as complex intellectual property concerns, particularly for artists and rights holders of the underlying assets. We have in-depth expertise in these areas and offer comprehensive advice on legally compliant tokenisation as well as on the development of licensing models and contract drafting. In this way, we ensure that our clients can fully exploit the innovative possibilities of tokenisation.

Fractional ownership allows a larger number of investors to participate in assets such as works of art and other high-value goods. This innovative approach democratises investment opportunities, but also brings with it complex legal issues, particularly in the area of consumer and financial markets law. The structuring of property rights and the management of collective decision-making processes must be carried out in compliance with complex regulatory requirements. We are happy to provide you with expert legal advice to overcome these challenges and ensure that fractional ownership models are structured in a legally sound manner.

Trading platforms for digital assets, including cryptocurrencies, utility tokens and NFTs, attract a large number of users, even without in-depth experience in dealing with crypto assets. This comes with significant legal challenges, particularly in terms of regulatory compliance, security and consumer protection. Compliance with financial supervisory regulations is also of crucial importance. Our law firm offers specialised legal expertise for operators of trading platforms and supports you in navigating the regulatory environment of German and European law.

Platforms that enable financial services such as loans, insurance and funding without intermediary institutions are also enjoying widespread interest. Based on blockchain technology, DeFi offers increased transparency and accessibility, but also comes with legal challenges. Our team helps to overcome these challenges and ensures that your DeFi project can be implemented according to your wishes and within the legal framework.

Anti-money laundering (AML) and know-your-customer (KYC) guidelines also apply to crypto assets. We support you in the creation of comprehensive guidelines and risk assessment.

Navigating the regulatory regime for blockchain-based technologies and assets requires a comprehensive understanding of both new EU regulations and existing frameworks, particularly in the financial sector. The applicability of regulations such as the Markets in Financial Instruments Directive (MiFID II), the General Data Protection Regulation (GDPR), the Markets in Crypto-Assets Regulation (MiCAR) and many others present a complex web of regulations that require a great deal of experience to oversee, interpret and apply all requirements. We guide you through the complicated legal landscape to enable regulatory compliance and operational success.

With its principle of "trustless trust", the technically uncorruptible blockchain also offers the legally secure possibility of an automatic execution of contracts, i.e. the reliable exchange of (digitally initiated) performance and consideration (often summarised as "smart contracts"). With our expertise both in blockchain and with regard to civil law requirements, we are happy to support you in the realisation of your ideas.

The team often works together with other groups on an interdisciplinary basis, with particular emphasis on networking with financial and insurance law.

Client IT-Law in Legal 500, 2023/24

Noerr offers us expertise in all the areas of law we require from a single source.

Client Banking & Finance in Legal 500 Deutschland, 2023/24

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