120
Blockchain Technology
the existing liability laws and regimes are not sufficient to deal with the compensa
tion (Corrales Compagnucci et al., 2020). This constitutes a series of legal dilem
mas. Hence, specific liability laws relating to blockchain in energy industries are
needed to guarantee the legal responsibilities of the parties involved. Specific laws
are needed to administer the liability principles in payment defaults, technologi
cal breakdowns, deliberate non-performance, etc. As the energy industry typically
entails using vital infrastructure, the stakeholders need an emergency plan to specify
the protocols in case of a disaster.
7.4.4 Personal Data
One of the basic features of blockchain contradicts the personal data laws. Most of the
laws relating to data protection state that personal data must be deleted after they have
served their purpose. Industry experts and the scholarly community have long pointed
out that blockchain technology engenders privacy concerns. Prominent among them
is the contravention of the EU’s data protection regulation, popularly called GPDR
(Feng et al., 2019). The original intent of this technology was to facilitate P2P trans
actions without a centralized data verifier. Therefore, no single party is supposed to
hold the power to hold a particular network hostage. For this reason, the entire system
should be permissionless so that everyone in this system can equally access the data
within. In the case of sensitive data in the healthcare industry, blockchain certainly
breaches several privacy principles, such as “Rights of Data Subjects”, “Security
Principle”, “Retention Principle” and “Right to be Forgotten” (Fabiano, 2018).
7.4.5 Challenges with the Financial Market Regulation
As finance transactions move from energy providers or banks to a P2P system, the
question arises of who is accountable for securing each financial transaction’s settle
ment. Such a duty of care could not be levied on energy users and providers alone.
Instead, an individual body or a network operator should be formed to conform
to the requirements of financial services in compliance with the banking laws and
regulations.
7.5 POLICY RECOMMENDATIONS
Policymakers need to collaborate with the industry and ensure regulatory enforce
ment to benefit from blockchain technologies. In some instances, policymakers
cannot implement comprehensive, prescriptive and detailed guidelines, as the tech
nology itself is in its embryo stage. Policymakers must promote technology through
flexible laws to cover a large spectrum of technical applications. In all cases, regula
tors should collaborate with stakeholders to ensure that the implemented laws/rules
and regulations are well thought out for the industry.
Among the proposals put forward as a remedy, regulatory sandboxes stand out
as a highly promising solution pertaining to distributed ledger technology (Ahl
et al., 2020). These allow an opportunity for program testing in isolated and highly