Saturday, April 29, 2017

Smart Contracts & Blockchain Technology - The New Reality

More and more, the legal tech scene is riddled with terms such as smart contacts and blockchain. But what do these terms entail and how do their technologies impact the legal arena?

Looking at blockchain first, it is a database that is specifically protected against subsequent changes to its content. Falsifications or manipulations of data are thus virtually impossible to accomplish. On a technical level, this is made possible by storing a hash value of a previous data set in the new data set when the data is changed. Applying blockchain technology is particularly relevant when used as a distributed database (peer-to-peer). This eliminates the need for a central server system of a third party that needs to be trusted (such as money transfers to the server of a bank).

This kind of application is generally known as Bitcoin, which was established in 2009, making it the oldest blockchain application in a peer-to-peer network. Smart contracts are independently monitored in real time and automatically enforced according to previously defined terms between contract partners.

Smart contracts can independently monitor contracts in real time and automatically enforce previously defined rights of contract partners. When combined with blockchain technology, they can ensure that all transactions are legal and self-monitoring. This is particularly important when the contract parties are not familiar with each other and therefore have a trust issue.

There are currently very few legal applications for smart contracts for blockchain technology. However, this will change over time, since “smart” is gaining ground (just consider smart homes and the Internet of Things). The advantages of the combination of smart contract and blockchain technology is obvious: it can not be manipulable, and it is autonomous, decentralized and anonymous. The legal language in the future will become more and more a programming language - Code is Law.