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Dubai's DIFC Enacts New Digital Asset and Security Laws

By Sherry Cantwell
Mar 18, 2024
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The Dubai International Financial Center (DIFC), boasting over 5,000 residents, has introduced a new digital assets law and security law, alongside amendments to existing legislation. As a special economic zone operating under its legal system based on English law, the DIFC aims to align with the rapid evolution of international trade and financial markets. These legislative updates are designed to provide investors and digital asset users with legal certainty, as outlined in an official statement. Jacques Visser, Chief Legal Officer of the DIFC Authority, described the legislation as groundbreaking, addressing digital assets' legal characteristics within the framework of property law.

The Digital Asset Law, spanning seven pages along with appendices, marks a significant step towards comprehensive regulation of digital assets. Although a law amending several preceding statutes to reflect updated digital asset regulations has been passed, it was not accessible online at the time of reporting. Notably, changes to the Obligations Act have been made to equate electronic records with paper records, reflecting the growing importance of digital transactions in contemporary financial practices.

In contrast, the Security Law 2024, a more extensive legislative update, supersedes the 2005 law and its subsequent amendments, incorporating the Financial Collateral Regulations. This law, modeled on the United Nations Commission on International Trade Law's Model Law on Secured Transactions, aligns with international best practices. The DIFC underscores its commitment to staying current with global regulatory standards, as evidenced by previous updates to cryptocurrency regulations in 2022 and plans to offer license subsidies for artificial intelligence and Web3 companies in 2023.

The DIFC's financial performance in 2023 showcases its continued growth and relevance in the global financial landscape. With a net profit of US$203 million, marking a 45% increase from the previous year, and a 34% rise in new registrations, including a surge in hedge funds and the influx of companies from Europe and the United States, the DIFC remains a hub for financial activity. These developments underscore its attractiveness to businesses and investors seeking stability, innovation, and regulatory clarity.

While the DIFC's new Digital Assets Law is groundbreaking within its jurisdiction, it joins a global trend of jurisdictions grappling with the legal status of cryptocurrencies. In the preceding year, courts in China, Singapore, and Hong Kong also deliberated on digital assets' classification as property, reflecting the global dialogue surrounding digital asset regulation and oversight.

Disclaimer: The information on this page may have been obtained from third parties and does not necessarily reflect the views or opinions of BitKan. This content is provided for general informational purposes only, without any representation or warranty of any kind, nor shall it be construed as financial or investment advice. BitKan shall not be liable for any errors or omissions, or for any outcomes resulting from the use of this information. Investments in digital assets can be risky. Please carefully evaluate the risks of a product and your risk tolerance based on your own financial circumstances. Products mentioned in this article may not be available in your region.

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