Who is liable in blockchain transactions? Prof. Dr. iur. Rolf H. Weber tackles this intricate topic in an article published in German language in Schweizerische Juristen-Zeitung (2021, pp. 679-687). The liability discussion centers around two actors: operators of digital security registers and providers of trading platforms based on digital ledger technologies.
Rolf H. Weber argues that it is crucial for the liability discussion to differentiate among different layers, e.g., settlement, asset, protocol, application, and aggregation layer. These layers can be allocated to the different actors allowing for a clear liability attribution. In practice, the two most important liability cases originate from coding errors and/or false information.
For further discussion, please contact rolf.weber@bratschi.ch.