Digital Assets and UK Personal Property Law
The Act is short but important for crypto law classification. Section 1 states that a thing, including a thing digital or electronic in nature, is not prevented from being the object of personal property rights merely because it is neither a thing in possession nor a thing in action. Section 2 provides the territorial extent, commencement, and short title.
The Act follows Law Commission work on digital assets. The Law Commission said certain digital assets, including crypto-tokens and non-fungible tokens, can be regarded as property but do not fit easily into traditional personal-property categories. It recommended statutory confirmation of a “third” category of personal property, while leaving courts to develop the category’s boundaries and associated rights.