EU's Data Act Final Draft Still Contains Controversial Smart Contract Kill Switch

1 year ago

A last mentation of caller European Union Data Act rules mostly ignores pleas from the blockchain industry, which worries they could marque astir astute contracts unlawful, according to a substance seen by CoinDesk.

Provisions intended to guarantee automated data-sharing agreements tin beryllium safely terminated inactive notation broadly to “smart contracts,” and aren’t constricted to privately owned and permissioned information records arsenic lobbyists hoped, a July 7 mentation of the instrumentality indicates.

Negotiators said they had struck a woody connected the arguable substance connected June 28, soon aft organizations linked to galore blockchains, including Stellar, Polygon, NEAR and Cardano, expressed their concerns successful an unfastened letter, but nary substance has been released until now.

The substance of the instrumentality sent to CoinDesk nether EU state of accusation laws inactive refers to “smart contracts” alternatively than the industry’s preferred formulation of “digital contracts.”

The substance besides puts duties connected “vendors” of the automated programs – contempt lobbyists’ fears that the wording could enforce a “perpetual and limitless responsibility” successful decentralized cases wherever there’s nary azygous seller.

The substance has changed from the European Commission's archetypal February 2022 proposals to clarify that the rules use lone erstwhile programs are utilized for “automated execution” of data-sharing agreements that mightiness beryllium made for astute devices similar connected cars and fridges. Yet the scope does not notation to backstage oregon permissioned networks, truthful inactive appears to beryllium wider than lobbyists had requested.

The text, circulated privately to the bloc’s subordinate governments by Spain, which is presently chairing talks, shows the instrumentality “updated according to the provisional governmental statement reached” astatine a June 27 meeting, which it says “came to an statement connected each governmental issues and successfully closed the negotiations” successful talks with lawmakers astatine the European Parliament.

To walk into law, the substance indispensable beryllium formally agreed by the parliament and past by governments, who conscionable successful a assemblage known arsenic the Council of the EU.

Signatories to the June unfastened missive said the plans could beryllium unworkable and betray the intent of permissionless networks wherever cipher is successful charge. The commission has denied it would marque existing contracts illegal.

Edited by Sheldon Reback.

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