Legal Landscapes: Charlotte Hill, Pennington Manches Cooper

Charlotte Hill

Partner, Pennington Manches Cooper




Key Takeaways from Video

The UK’s crypto regulation is rapidly evolving. The Property Digital Assets Bill will formalize digital assets like crypto and NFTs as personal property, offering better fraud protection. The Economic Crime and Corporate Transparency Act 2023 strengthens authorities’ power to seize illicit crypto. The FCA regulates only limited crypto types, such as security and e-money tokens, while most cryptocurrencies like Bitcoin remain unregulated. AML registration, promotional restrictions, and compliance with the Travel Rule are required for crypto businesses.

Advice for Clients:

  • Education: Stay informed on industry and regulatory updates to adapt quickly.
  • Security: Strengthen cyber defences, use cold wallets, enable multi-factor authentication, and consider crypto theft insurance.
  • Community: Participate in forums, conferences, and open-source projects to gain insights and build valuable networks.

Threats and Opportunities:

  • Threats: Regulatory shifts may disrupt operations; increasing cybersecurity threats, including sophisticated hacks and AI-driven attacks, pose major risks.
  • Opportunities: Growing institutional adoption offers new stability and liquidity. Advancements in blockchain scalability, DeFi, privacy, and green tech present innovation opportunities.

Maintaining Client Satisfaction:

  • Personalised Service: Build tailored teams around each client’s legal and commercial needs.
  • Transparent Communication: Provide clear updates and maintain open dialogue to foster trusted relationships.
  • Feedback: Actively seek and implement feedback to improve client service and loyalty.

Technological Advancements:

  • DeFi: Empowers users to access financial services without banks, lowering costs and increasing speed.
  • Blockchain Interoperability: Enables cross-chain transactions, enhancing liquidity and service integration.
  • AI: Optimises trading, automates transactions, and strengthens cybersecurity through predictive analytics.

Full transcript

What is the current legal landscape for Cryptocurrency in your jurisdiction?

The legal and regulatory landscapes for cryptocurrency in the United Kingdom are evolving rapidly. There is no single piece of prescriptive legislation that comprehensively deals with cryptocurrencies. There is, however, the Property Digital Assets Bill, which is currently passing through Parliament with plans to confirm that digital assets such as cryptocurrencies, NFTs, and carbon credits can be considered personal property. The legislation will effectively codify English common law, which has since 2019 held that digital assets are to be treated as some kind of property.

The reason why this is important is because it offers owners of the nascent asset class protection against frauds and scams, and it will assist the judiciary to deal with these types of cases in the future. The Economic Crime and Corporate Transparency Act 2023 has amended the Proceeds of Crime Act 2002, which now makes it easier for law enforcement to investigate, seize, and recover illicit crypto assets. Looking at regulation, the Financial Conduct Authority presently only regulates certain limited types of crypto assets, which are either security tokens or e-money tokens. Standard types of cryptocurrency that most of us know, such as Bitcoin, are not currently regulated.

Firms that carry on certain types of crypto-related activities need to be registered for AML and counter-terrorist financing purposes. There are also restrictions on the promotion of crypto assets to UK consumers, and there are requirements on crypto asset businesses in the UK to collect, verify, and share information around crypto asset transfers, which is known as the Travel Rule.

What are three essential pieces of advice for clients related to Cryptocurrency?

First, education. Keep up to date with the fast-paced industry, both in terms of the latest developments in the crypto space itself and also within the confines of the legal and regulatory requirements. Continuous learning and monitoring help when making informed decisions and allow you to quickly and nimbly adapt to changes.

Second, security. Invest in robust security measures designed to protect digital assets from cyber threats, and also ensure that all team members receive rigorous training about the threats to your business. Depending on the type of client, you might also consider advising them, when dealing with crypto assets, to use cold hardware wallets where possible and also to ensure that multi-factor authentication is used at all times. I would also recommend that both businesses and individuals consider insuring against the potential theft of their crypto to mitigate such a risk.

Finally, community. Engaging with the crypto community is essential for anyone involved in cryptocurrency. By joining online forums and social media groups like Reddit and X, you can stay updated on the latest trends and learn from more experienced members. Attending conferences and meetups also provides you with valuable networking opportunities while learning greater insights from industry leaders. The community, in my experience, is generally willing to share its knowledge to enhance the industry overall.

I also think that contributing to open-source projects can help to enhance your understanding and establish your presence in the community. By immersing yourself in the crypto community, you can stay informed, build valuable connections, and potentially identify lucrative opportunities. I think the collective knowledge and the experience within the community can be a really powerful asset when navigating the dynamic world of cryptocurrency.

What are the greatest threats and opportunities in Cryptocurrency in the next 12 months?

The two biggest threats relate to regulatory uncertainty and cybersecurity. The cryptocurrency landscape is continually evolving and frameworks are no exception. Worldwide, governments are introducing new policies to address challenges related to investor protection, financial stability, and illicit activities. However, these changes can create uncertainty for businesses as they try to navigate both compliance and operational adjustments. Stricter regulations on centralised exchanges and on the use of stablecoins, along with enhanced consumer protection laws, are expected to impact the industry significantly.

The second is cybersecurity. As the sophistication of cyber attacks increases, the cryptocurrency sector remains a prime target. Take, for example, the recent Bybit hack where an exchange was hacked and said to have lost up to one and a half billion dollars worth of assets. It’s just a prime example of the real vulnerability of these types of businesses. Threat actors are leveraging advanced techniques, including the use of AI, to help them execute more sophisticated phishing, social engineering, and ransomware attacks.

The rise of Web3 and decentralised finance platforms also introduces new vulnerabilities, making it crucial for crypto holders and businesses to adopt robust security measures to protect their assets.

Flipping it though, there are many opportunities. I think one of the main opportunities I can see in the next 12 months is institutional adoption. There is a growing amount of interest from institutional investors, which creates a significant opportunity for the cryptocurrency market. Large financial institutions, hedge funds, and corporations are all increasingly embracing the use of digital assets, largely driven by market maturation and regulatory developments. This trend is expected to bring greater market stability and growth, which is brilliant. Institutional investments are providing substantial liquidity and credibility to the crypto ecosystem. The introduction of exchange-traded funds and notes and other investment vehicles also helps to facilitate institutional participation.

The second real opportunity over the next 12 months that I foresee is technological innovation. So, with the bad also comes the good. Advancements in blockchain technology continue to enhance the functionality and adoption of cryptocurrencies. Innovations such as improved scalability, interoperability, and integration of blockchain with the Internet of Things are all paving the way for more efficient and versatile applications. The evolution of decentralised finance, privacy-enhancing technologies, and green blockchain initiatives are also contributing to the broader adoption and sustainability of the crypto industry, which is brilliant.

How do you ensure high client satisfaction levels are maintained by your practice?

Maintaining high client satisfaction involves several strategies. The first relates to personalised service. Tailoring services to meet individual client needs and preferences is crucial for maintaining high client satisfaction. As a firm at PMC, we build a team around the client, drawing from all and any areas of our full-service law firm to make sure that we provide a personalised service for our client. This involves taking the time to understand each of our client’s unique circumstances and their goals, but also their challenges—not just legal, but of course commercial too. By offering these customised solutions and this advice, clients, I think, tend to feel valued and understood, and the advice being delivered is always on point.

Second is transparent communication. This means providing clear, timely, and accurate information about any changes that might affect both the advice being delivered and any impact it might have on their business strategy or wider business objectives. Regular check-ins and updates with clients also help to ensure that our services remain aligned with their evolving needs and foster a strong, trust-based relationship—hopefully with our clients viewing us as their trusted advisor rather than external counsel.

Lastly, I think feedback is really important. Regularly collecting and analysing client feedback helps to identify areas for improvement and ensures that our services remain client-centric at all times. Implementing feedback processes can involve surveys, interviews, or feedback forms after key interactions. The key here is really to know your client well and what would suit them in this process. Once you’ve received the feedback, making sure you analyse it properly allows you to help pinpoint your strengths and the areas that also need enhancing. Acting on your clients’ suggestions, of course, demonstrates that their opinions are valued and contributes to continuous improvement. I also think actually sharing how the feedback has been used to make a positive change can really help enhance client satisfaction and loyalty.

What technological advancements are reshaping Cryptocurrency, and how can clients leverage them?

There are several technological advancements reshaping the cryptocurrency landscape, offering new and exciting opportunities and benefits for clients. The first is DeFi, or decentralised finance. DeFi is revolutionising the financial sector by providing services without traditional intermediaries like banks or brokerages. Through smart contracts on blockchain platforms, DeFi enables users to lend, borrow, trade, and earn interest on their assets with greater accessibility and efficiency.

For example, there are platforms that allow users to trade and lend cryptocurrencies directly with each other, reducing costs and increasing transaction speed. Clients can benefit from DeFi by accessing a wider range of financial services, often with lower fees and fewer barriers to entry. The UK government is in the process of preparing its sandbox for the issuance of a digital gilt instrument. The digital gilt, which is expected to launch over the next two years, will be the UK’s first use of blockchain for bond issuance. This initiative seeks to leverage blockchain’s transparency, security, and efficiency to help modernise gilt issuance and management.

The second advancement is blockchain interoperability—quite a mouthful to say! This refers to the enhanced ability of different blockchain networks to communicate and share data, significantly improving overall functionality. Interoperability solutions enable seamless cross-chain transactions and data exchanges. This means that assets and information can move freely between different blockchain networks, enhancing liquidity and efficiency. Clients can benefit from interoperability by integrating various blockchain services into one cohesive system, allowing for more versatile and robust applications.

The third advancement, probably unsurprising, is AI. Artificial intelligence is increasingly being integrated into the cryptocurrency space, offering powerful tools for optimising trading strategies and enhancing security. AI-driven analytics can process vast amounts of data to identify market trends and make predictive analyses, helping clients make more informed investment decisions.

AI-powered smart contracts can also automate complex transactions and improve security by detecting and mitigating potential threats. Clients can leverage AI tools to enhance their decision-making processes and protect their assets from sophisticated cyberattacks. By leveraging these three technological advancements—DeFi, blockchain interoperability, and AI—clients can enjoy more efficient financial transactions, seamless integration of services, and improved decision-making and security.