The UK will need to introduce new laws or amend existing finance and data rules to accommodate a digital pound, two lawyers told CoinDesk.
The Bank of England and the UK Treasury are seeking public feedback on their plans for the design of a digital pound – something officials say is likely to be needed in the future.
Although the government is unlikely to make a decision on issuing one for at least the next couple of years, should the country decide to have a central bank digital currency (CBDC), new legislation will be needed to lay out the characteristics of a digital pound and current data, privacy and anti-money laundering rules should be amended to accommodate such a currency, two lawyers told CoinDesk.
“There’s no such thing in this country as a central bank digital currency, so they would need to create new legislation around what that would look like and that’s part of the consultation process,” Louise Abbott, partner at UK-based Keystone Law, told CoinDesk in an interview. George Morris, partner at Simmons & Simmons echoed Abbott’s comments.
The UK’s neighbor, the European Union, is looking to publish a bill setting out what a digital euro will look like this year. This will tackle the finer points of digital euro applications and the technology that will support one.
While the EU has chosen to create new regulatory regimes to address crypto assets or even a digital euro, the UK has so far tried to accomplish similar goals by extending existing frameworks to cover digital assets, so will likely take a similar approach with the digital pound .
The Treasury and Bank of England are moving to phase two of their digital pound work, where they will develop the model of the digital pound in both policy and technology terms, the consultation said.
The legal framework for a digital pound would also need to cover ownership issues and security Abbott said.
“There is also the question of the property law status of token-based CBDC – for example it will be extremely important to determine whether such CBDC can be lent by its owner to a commercial bank … can a CBDC token be deposited into a bank account , and who owns that?” Abbott said.
Not all legislation for a digital pound would need to be completely brand new, but some issues just have no analog in existing law, Abbott said.
“All financial laws will need amending to reflect whether it applies to the CBDC,” Abbott said.
The consultation set out that basic access to the digital pound wallet with limited verification checks can be consistent with existing UK anti-money laundering rules and payments regulations, which include protections for customers that can prevent financial losses from companies failing to make payments.
The UK has privacy and data laws which may need to be amended for a digital pound, Morris said. How the Treasury plans to ensure privacy and liberty if it issues a digital pound was questioned at the digital pound debate on Feb. 7.
“It is right that we debate the balance between freedoms and our duty to protect citizens from fraud and other things, that this house, from time to time, will decide to justify the piercing of that veil of privacy,” Economic Secretary Andrew Griffith said at the debate in response to questions on the matter.
The UK government is planning to rely on private to be the digital pound firms’s wallet providers. The consultation sets out that firms that will offer services via the digital pound will have to comply with