On 28 July 2022, the Law Commission of England and Wales published a consultation paper on the recognition and protection of digital assets. The consultation paper recommends law reform to recognise a third category of personal property – referred to as “data objects” – in addition to things in possession (such as physical objects) and things in action (such as contractual rights).

The consultation paper acknowledges the flexibility of English law to accommodate digital assets within existing legal principles (including crypto-tokens and cryptoassets). However, the Law Commission recommends reform to ensure “data objects” are treated consistently under English law and, thus, to promote greater legal certainty.

For more information see this post on our FSR and Corporate Crime blog.