Digital assets in Scots private law: consultation

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Closes 5 Feb 2025

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Primary legislation

We consider primary legislation would be the most effective and appropriate means to accommodate digital assets in Scots private law. A legislative underpinning of digital assets as property in Scots law  can be achieved by the Scottish Government introducing a Bill into the Scottish Parliament.

Primary legislation could be developed with a narrow scope of application, with the intention that a Bill could define digital assets as property and set out provisions to establish how transfers of ownership would operate within Scots property law.

1. Is primary legislation the most effective way to resolve uncertainty about the status of digital assets in Scots private law?
2. Should any possible future primary legislation have a narrow scope of application by being limited to a statutory definition of digital assets as property, rules governing the transfer of ownership, and provisions confirming that the principles of Scots private law continue to apply to digital assets?