ANALYSIS OF THE NOTION OF DIGITAL ASSETS IN THE CONTEXT OF FRAGMENTED TERMINOLOGY
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Abstract
The subject of this article is the terminology concerning all that is digital and intangible. In the past decades, many similar notions describing the essentially same phenomenon appeared – virtual property, digital content, digital assets, or data. However, most of these terms are not codified legal notions and as a result, their understanding in the literature or soft law instruments differs. Various bodies, including UNIDROIT, ELI, and the UK Law Commission, have recently addressed the topic of digital assets and private law and provided their definitions of the notion. Moreover, with the new EU digital legal framework, we may see attempts to codify notions such as data, digital content, or cryptoassets. The aim of this paper is to analyse the understanding of the notion of digital assets, put it into a broader context and identify how this notion overlaps with others. The main argument is that the difference between the notions is unclear which puts the policymakers into a tough position in which it is difficult to avoid overlapping regulation.
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