Smart contracts in European Union law

Abstract

Smart contracts represent a specific synthesis of technology and law. They are agreements that are automatically executed and, owing to blockchain technology, relatively immutable. Due to their automation and immutability, smart contracts constitute a useful instrument of contemporary digital transactions. At the level of the European Union, smart contracts are comprehensively regulated by Regulation (EU) 2023/2854 on fair access to and use of data. In the first part of the paper, the author analyzes the concept of smart contracts, along with a brief explanation of blockchain technology as their underlying basis. In the second part, the author examines the legislation of the Member States of the European Union concerning smart contracts prior to the adoption of the aforementioned Regulation. The central part of the paper is devoted to an analysis of the provisions of Regulation (EU) 2023/2854 relating to smart contracts, with particular emphasis on the essential requirements for smart contracts used in the performance of data sharing agreements, as well as on the procedure for assessing the compliance of smart contracts with those essential requirements. In the conclusion, the author elaborates the thesis that the new European Union legislation, including that relating to smart contracts, represents a qualitative leap compared to previous solutions, as it provides a detailed regulation of some of the most significant issues concerning the functioning of smart contracts and offers appropriate legal and technical guarantees for their successful application.