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Blockchain in Supply Chain Logistics –


          The Regulatory Implications



          Following on from the last Blockchain article in the December 2017 edition of                           BLOCKCHAIN
          Linkline, this article will discuss the regulations and legal framework that will assist
          and enable Blockchain advancement. By Gráinne Lynch and Ignacio Lopéz del Moral.






























          Blockchain and the Law - a legal perspective      opportunity to be useful or enforceable when it comes to
          With the implementation of two major pieces of EU   blockchain applications.
          legislation on the horizon (GDPR and eIDAS), what is the legal
          framework within which implemented blockchain     There may be limited applicability of the GDPR to blockchain
          technology in the supply chain sector can operate? Ignacio   technology, in the general sense. The reason lies in the fact
          López del Moral ,a blockchain legal expert, explains.    that, although storage, pickup, and transfer of data exists in
                                                            the blockchain, to our knowledge, the data is not strictly
          What Regulations are Related to Blockchain        personal and due to fragmentation personal data cannot be
          in the EU?                                        used to identify a natural person. Accordingly, the right to be
          Transport and logistics are not immune to the impact that   forgotten is not enforceable.
          Blockchain Technologies are having on how businesses
          operate in the sector. Therefore, it is important to be aware of   Nonetheless, the set of obligations that inexorably must be
          the laws in the European Union (EU) that deal with data   observed by the recipient of private information is indeed a
          protection, digital identity and payments. Depending on the   completely different thing. Consequently, there is a
          domain and application area, there may be additional   high demand to have a prior identity check of the
          legislation required which will need careful consideration for   subject in question. This will need to be approved and
          a blockchain implementation.                      certified by those in charge of security system nodes of the
                                                            blockchain implementation.
          General Data Protection Regulation (GDPR)
          The General Data Protection Regulation (GDPR) (EUGDPR,   It is interesting to note that one of the most natural realms of
          2016) regulates the processing and movement of personal   application of blockchain technology is the transaction of
          data. It applies to all companies processing and holding the   data between parties that do not know each other. In many
          personal data residing in the European Union, regardless of   examples, it is not necessary to know the other party to verify
          the company’s location. “Personal data is any information   that the party is trustworthy and reliable. Therefore, in the
          relating to an individual, whether it relates to his or her   context of private blockchain for use in the supply chain
          private, professional or public life. It can be anything from a   logistics context, trusting the chain is deemed sufficient, and
          name, a home address, a photo, an email address, bank   thus there is no need to depend directly upon another party.
          details, posts on social networking websites, medical
          information, or a computer’s IP address," (EU, 2017).  Electronic Identification, Authentication and
          GDPR was intended to overhaul existing data protection   trust Services (eIDAS)
          legislation and bring it up to date with digital   The EU has placed the Digital Single Market at the core of its
          communications; however, it may have missed the   current strategy and as part of this aims to improve secure


                                                                      The Chartered Institute of Logistics & Transport 17
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