“Blockchain has to adapt to lawyers and not vice versa,” says Spanish prosecutor.
Although the government adoption of blockchain in Spain has increased, national lawyers are concerned that such platforms do not adapt to their way of working. Spanish jurists have discussed this concern and possible blockchain regulations at the V National Congress of Registrars.
About 300 people from the legal, fiscal and political sector of Spain met in the city of Seville a week ago. Prosecutor Rafael Fernández said blockchains technologies “have to adapt to lawyers and not vice versa.” According to Fernández’s vision, blockchain-based platforms will never replace a registrar, since the criteria of a professional are essential.
The prosecutor is not against the use of new technologies in the public registry. However, he considers that without the intermediation of an expert, legal certainty could be jeopardized. Fernández points out that there are still details in the operation of blockchain that prevent using his records as evidence of a trial, such as the inability to immediately verify who uploads information to this network.
However, several specialists believe that although blockchains technologies will not replace the work of lawyers, they will offer a more efficient public service. Sebastián del Rey, spokesman for Corporate Social Responsibility, said that blockchain can be a valuable tool for the sector, with projects such as REGTURI. It is a platform developed by the Association of Registrars of Spain, which was presented at the event as the latest advance for the certification of properties for tourist use.
Carmen Pastor, director of Baes Blockchain Labs and professor of Commercial Law, believes that the standardization of cryptocurrencies and blockchain will enhance adoption. Pastor considers it necessary to generate a regulatory framework for this ecosystem, which takes into account data protection, anti-money laundering laws and the eIDAS (European electronic identity recognition system) regulation for secure transactions.
Not all lawyers think that more regulations will encourage the development of new projects. For example, jurist Cristina Carrascosa points out that current legislation is sufficient for the proper functioning of cryptocurrencies and blockchain. Likewise, Pablo Fernández Burgueño, director of the SmartHC firm, insisted that attention should be focused on bitcoin and the new opportunities it offers.
At the moment, the Spanish government is still waiting for a unitary regulatory position represented by the European Union. The European organization has indicated its interest in regulating specific aspects of cryptocurrencies for use in the continent; even having plans to launch his own cryptocurrency. In this sense, the last word in the legality of the ecosystem will not come from a purely internal, but also international discussion.
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