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What are the legal considerations for implementing a blockchain-based supply chain management system?

The decentralized characteristic of blockchain raises serious hurdles with respect to data privacy across various data protection laws, including the Privacy Act 1988 in Australia. The immutable aspect of blockchain technology poses challenges with respect to the “right to be forgotten,” as it will be nearly impossible to delete data after it is added to the blockchain. The automatization of blockchain via smart contracts will require clarity around applicable contract law for a possible transaction in various jurisdictions; they’re still a contract, and as a result, jurisdictions will require clarification surrounding formation and dispute resolution. The protection of intellectual property (IP) is also significant as the application of blockchain technology in supply chains can involve proprietary algorithms and transaction data which can create ownership issues when multiple stakeholders are involved in a transaction. Businesses should also be aware of regulatory issues tied to trade, taxation and governance, specifically in cross-border transactions where the laws may be conflicting. The jurisdictional issues are particularly complicated when considering blockchain, since it operates under a global approach and creates disputes based on applicable laws. To mitigate exposures business must have in place comprehensive legal assessments that ensure compliance with laws, applicable legislation surrounding IP rights, tax obligations, and factors of liabilities while adequately monitoring regulatory updates.

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