Transferring the intangible: applying Rome I to the sale of non-fungible tokens

Abstract

This article examines the application of the Rome I Regulation to contracts for the cross-border sale of non-fungible tokens (NFTs), a novel category of digital assets. While NFT transfers are increasingly common in digital commerce, the legal framework for determining applicable law in such transactions remains unsettled. The research adopts a doctrinal legal analytical research method grounded in the systematic interpretation of European Union (EU) legislation, case law, academic commentary and comparative soft law instruments. It focuses on how Articles 3 and 4 of Rome I operate in decentralised, pseudonymous environments where conventional connecting factors such as habitual residence and contract typologies are difficult to apply. The findings demonstrate that although Rome I remains formally applicable, its conceptual foundations—especially the reliance on territorial connecting factors and analogue contract classifications—are tested by emerging realities in NFT sales. The article concludes by identifying areas where interpretative guidance or targeted legislative reform may be necessary to ensure legal certainty and coherence in NFTrelated transactions. Keywords: applicable law; NFT sales; Rome I.