Crypto Exchange Liability and Duties of Care: What is “Fair and Reasonable” and When Can a Crypto Exchange Be Found Negligent for Failing to Prevent Fraud

April 25, 2024 2:00pm

Saima Hanif KC
Barrister
3 Veralum Buildings (UK)

Jeffery Onions KC
Barrister
One Essex Court (UK)

Christopher Levers
Partner
Ogier (Cayman Islands)

Justina Stewart
Barrister
Outer Temple Chambers (UK)

Crypto fraud poses a huge challenge for the Exchanges and their customers, and Exchange employees are usually in a position to spot and block – or report – suspected fraud. In addition, there is the particular problem of the civil liability imposed on them for failing to spot fraud negligently.

Compounding the challenges with determining intent and liability is the fact that there is no all-inclusive body of law that really defines the legal nature of digital asset transactions – and the liabilities that go along with any such rights.

Join us in this session as our panel of experts discuss the liabilities, barriers to recovery, and steps that can be taken to compensate the victims of crypto frauds, such as:

  • Practical difficulties for Exchanges when the duty arises for individuals
  • The civil law approach to Exchange liability
  • The need to balance “fair and reasonable” measures to reduce fraud risk while striving to maintain an effective system
  • The “reasonably competent” standard of care
  • Scenarios in which an Exchange can be liable for fraud; and the barriers to recovery