NFTs as Rights to a Work – Between Digital Ownership and Copyright Law
In recent years, NFTs (non-fungible tokens) have gained significant popularity as a tool for identifying and trading digital assets, such as artworks, recordings, animations, virtual items, or in-game elements. According to Wojciech Ługowski, attorney-at-law and managing partner at Lawarton Law Firm, the development of the NFT market has given rise to numerous myths, in particular […]
When Does a Token Become a Financial Instrument? Practical Criteria Under MiFID II and MiCA
Tokenisation is becoming an increasingly popular phenomenon that attracts innovators. Today’s market encompasses various categories of tokens – from utility tokens, through payment tokens and stablecoins (including EMTs and ARTs within the meaning of MiCA), to investment tokens. The latter may incorporate proprietary or corporate rights and, as a result, be subject to a significantly […]
When Does a Token Qualify as “Electronic Money”? The Boundary Between Stablecoins and E-Money Under EU Law
The growing popularity of stablecoins is making their legal classification increasingly important. A key issue is determining whether a token offered as a “means of payment in Web3” should in fact be classified as electronic money within the meaning of the EMD2 Directive. Why does this matter? As emphasised by Wojciech Ługowski, attorney-at-law and managing […]
Incorporation and Operation of Blockchain Companies in Offshore Jurisdictions – a Regulatory Overview of Selected Jurisdictions: British Virgin Islands, Cayman Islands, Estonia
The development and growing adoption of blockchain technology mean that Web3 projects are increasingly moving rapidly from the conceptual stage to actual business operations. At this point, one of the key decisions becomes the choice of the legal environment in which the project will be developed and, at a later stage, commercialised. When selecting a […]
Blockchain and Payment Services Law – When Does a Crypto Wallet Provider Become a Payment Institution?
The development of blockchain technology is outpacing the pace of regulatory change. This legal gap caused by rapid development often leads Web3 startups (e.g., those developing crypto wallets, payment gateways or DeFi applications) to believe that the legal framework of the “traditional” financial market does not apply to them. After all, if they do not […]
DORA and blockchain – are DLT network operators subject to the EU regulation on digital operational resilience?
With the start of the application of EU Regulation (EU) 2022/2554, the Digital Operational Resilience Act (DORA), which began to apply on 17 January 2025, entities operating in the financial sector in Europe have faced a new challenge related to security and digital operational resilience. DORA introduces comprehensive requirements concerning ICT risk management, digital resilience […]
Blockchain Crowdfunding – ICO, STO, IDO. How Do They Differ?
New Funding Models in the Blockchain World Technology startups operating in the blockchain space increasingly rely on alternative forms of raising capital. Instead of traditional financing (e.g. venture capital or business angels), they choose to issue tokens and use crowdfunding models based on distributed ledger technology. The most common models include Initial Coin Offering (ICO), […]
DAO under European law – can a decentralised organisation be a legal entity?
A Decentralized Autonomous Organization (DAO) is a structure now typical of Web3 – built on smart contracts, automated rules and community governance. DAOs have no management board, no registered office address and no traditional articles of association. Instead, they have code, tokens and, sometimes, voting on Discord. It sounds innovative, but from the perspective of […]
Typical Legal Mistakes of Blockchain Startups and How to Avoid Them
In the blockchain world, technology often moves faster than the law – and startups that act quickly and boldly do not always act with sufficient legal awareness. Unfortunately, many legal mistakes made in the early stages of development can hinder the scaling of a project, discourage investors, or lead to costly consequences. This is especially […]
Blockchain without protection? See what you can safeguard and how to do it
Blockchain is not just code. It’s algorithms, architectures, tokenomics, and know-how that teams work on for months. In a world where copying solutions can take just days, the question “how do we protect all this?” becomes critical. And there is no single answer. Why Think About Protection Early? In startups and blockchain-based projects, the pace […]