De impact van GDPR op blockchain. of omgekeerd.

1. Blockchain: challenges and legal issues of new technology
Digital Transformation Day 2018, Antwerp

2. Buzzwords of 2018…
BLOCHCHAIN
GDPR

7. Advantages of blockchain technology
BC is a distributed P2P ledgers that makes it possible to share a record of
transaction with a great number of participants
Transactions cannot be manipulated, abused or changed
Each participant (node) has a full copy of the ledger
High level of data security
Transactions are recorded based on consensus model between participants
Cryptography is used for bot hidentity and integrity - PKI and hash

8. Advantages of blockchain technology
BC is a distributed P2P ledgers that makes it possible to share a record of
transaction with a great number of participants
Security
Simplicity
Trust

9. Possible legal issues and challenges related to
blockchain technology
Validity of contracts
Proof of relationship/contract
Both can be managed, especially in a B2B context
SLA /availability
Liability
The elephant in the room…
GDPR

10. A few basic principles of GDPR
Transparancy
Data Protection by design
Data minimisation
Accuracy
Limited retention time
Data security
Purpose limitation
Right to erasure
Right to be forgotten
Data storage within EU

11. Possible privacy issues in Blockchain
Distinction should probavbly be made between
Private BC (permission based) Public BC (permissionless)
Everyone can participate Control over participants ID
Everyone has acces Access and use management
No control over location of data Acceptance of ToU prior to access
Location of data can be managed

12. Inherent privacy issues in Blockchain
Data subjects rights (errasure, correction, right to be forgotten, …)
Data minimisation
Limited retention times
Applicable (data protection) laws (public vs. Private BC)
Purpose limitation
(Control over) data security (even if BC is in itself “secure”)
Accuracy of data and right of correction >< in principle, data in BC cannot be changed
Data export / Location of data storage (public vs. private BC)
Identity of data controller / data ownership

13. Inherent privacy issues in Blockchain
Consequence
Storing personal data on a BC is not an option under GDPR
The workaround
You store the personal data off-chain and store the reference to this data, along with a hash of
this data and other metadata (like claims and permissions about this data), on the blockchain.
Personal data is then send P2P between users
But
Loss of control over who accessed / stored / used personal data, since it is no longer in BC
Necessity to have P2P contact with all participants in the BC

14. Where Blockchain can be a helping hand
(technical) data security
Guaranteed quality of data / reliability of data / accuracy
= Data protection by design

15. How Blockchain could even be a tool to ensure GDPR
compliance
BC could be used to execute data subject’s rights
Right to acces
Right of correction
Data portability
+ could be used as part of accountability / documentation obligations under GDPR

16. Prepare for challenges
Blockchain WILL have its breakthrough within 2 to 3 years
Blockchain offers a great number of opportunities
Users / early adapter should however be very aware of possible legal
implications
Before all GDPR / data protection laws

17. Prepare for challenges
Detailed analyses of set up before getting started
What data?
Which participants?
Public or private?
Location of data?
Terms of Use for participants?
Applicable law
…

18. Sirius Legal
Media & advertisement law
IP law
Internet & e-commerce
Privacy & cookies
Gambling law
Travel & consumer protection
Commercial & contracts
Corporate - tax - labour - immo
bart@siriuslegal.be
www.siriuslegal.be
@BartVdBrande
Linkedin.com/in/bartvdb