Dr Kirsten Henckel receives NWO-XS grant to study determination of applicable law to ownership of digital assets

Kirsten Henckel, assistant professor of International Private Law at the Faculty of Law, has recently received a grant from the NWO SGW Open Competition XS program. She received the grant for her research on determining the applicable law to the ownership of digital assets (and other proprietary aspects).

Ownership of digital assets

Cryptocurrencies and tokens have revolutionised financial markets. However, it remains difficult to determine the law that governs the ownership of those assets. Typically, the problem is solved by connecting to a geographic location, such as the location of the asset. However, that solution is at odds with digital assets and their underlying technologies, as they are unencumbered by borders or central authority.

Solve ownership problems and provide tools

Henckel's research project is titled “Ownership of digital assets: issues of conflicting laws”. The purpose of the project is twofold. First, Henckel will investigate how the law governing the ownership of digital assets should be determined. Second, she explore how this solution can be integrated into the Dutch legal system.

Ultimately, through this research project, Henckel aims to solve the ownership problem of digital assets within private international law and provide a roadmap for the Dutch legislator on how to improve the legal framework in the face of emerging technological changes. The project will be conducted independently by Henckel and will run from February through December 2025.

NWO SGW Open Competition XS program

The NWO SGW Open Competition XS program selects proposals for curiosity-driven, fundamental research in the field of Social Sciences and Humanities (SSH). The grant consists of €50,000.

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This article was published by the Faculty of Law.

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