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Dubai's Digital Law Milestone

DIFC Sets a New Benchmark in Digital Assets Legislation

March 18, 2024 09:22 AM

Reading time: 1 minute, 49 seconds

TL;DR The Dubai International Financial Centre (DIFC) has introduced a pioneering digital assets law, comprehensive security law, and amendments to existing legislation, aiming to align with international trade and financial market developments. This initiative will provide legal certainty for investors and users in the digital assets space.

In an unprecedented move, the Dubai International Financial Centre (DIFC), a premier special economic zone in the United Arab Emirates, has taken a giant leap forward by announcing the passage of a new digital assets law, a revamped security law, and significant amendments to its existing legal framework. This legislative overhaul is designed to cater to the evolving needs of international trade and financial markets, particularly in the rapidly expanding realm of digital assets.

Jacques Visser, the DIFC Authority's Chief Legal Officer, hailed the new Digital Assets Law as 'groundbreaking', highlighting its role in defining the legal characteristics of digital assets within property law.

Spanning seven pages, with additional appendices, the law is part of the DIFC's broader strategy to provide a robust legal foundation for the burgeoning digital economy.

Although the amending law, which updates at least six previous statutes for the digital age, wasn't immediately available online, its significance in making electronic records functionally equivalent to paper records cannot be understated.

The Security Law 2024, another cornerstone of this legislative package, replaces its 2005 predecessor and its 2019 amendment. It incorporates the Financial Collateral Regulations and is modeled after the United Nations Commission on International Trade Law's Model Law on Secured Transactions.

This alignment with international standards underscores the DIFC's commitment to adopting global best practices in financial law.

The DIFC's proactive approach in updating its cryptocurrency regulations in 2022 and subsidizing licenses for AI and Web3 companies in 2023 has already begun bearing fruit.

The Centre reported a net profit of $203 million in 2023, a 45% increase from the previous year, alongside a 34% spike in new registrations, including a notable rise in hedge funds and businesses from Europe and the U.S. This growth trajectory is a testament to the DIFC's appeal as a global hub for financial innovation.

While the DIFC's initiatives are pioneering within the context of the UAE, it's important to note that the legal characterization of digital assets as property is not entirely new on the global stage.

Jurisdictions such as China, Singapore, and Hong Kong have previously addressed similar issues through court rulings. Nonetheless, the DIFC's comprehensive legislative approach sets a new benchmark for regulatory clarity and investor confidence in the digital assets domain.

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