Thibault Schrepel on Data Sharing

Ledger Insights – ICLE Academic Affiliate Thibault Schrepel was quoted by Ledger Insights in a story about how the EU Data Act affects smart contracts for data sharing. You can read full piece here.

Professor Thibault Schrepel, Co-Director of the Amsterdam Law & Technology Institute at VU Amsterdam, noted that the smart contract clause doesn’t define ‘smart contracts for data sharing’. If this is cleared up to apply for example to machine to machine (M2M) data sharing, then some of the other aspects of the clause might be less concerning.

He notes on Twitter that a key issue is who should have control over a smart contract kill switch. It could be the smart contract creator, some public authorities, or the courts. Our take is that, in practice, it makes sense to be the creator because the whole point is to be able to act in an emergency. This would have the side effect of making it hard to argue that the creator doesn’t control the smart contract, something protocol creators prefer not to have to argue they are decentralized. However, if the scope is M2M data sharing, control might not be as contentious. On the other hand, if it applied to DeFi, it could raise additional concerns.