Law

Bitcoin and Co are Legal Tender in China

According to CnLedger, a trusted news source for crypto currencies in China, domestic merchants are now able to legally accept Bitcoin and other cryptos as payment methods.

According to local reports, the Shenzhen International Arbitration Court has officially recognized Bitcoin as a property so that individuals and businesses can own and transfer Bitcoin without conflict with existing financial regulations.

The Chinese court has confirmed that Bitcoin is protected by law. Shenzhen Court of International Arbitration ruled on a case involving cryptos. The verdict states:

Chinese law does not prohibit the possession and transfer of Bitcoins, which should be protected by law because of their property and economic value.The distribution and payment of Bitcoin in China is not officially illegal.

Katherine Wu, a crypto researcher at Messari, translated and analysed court documents published by the Shenzhen Court of International Arbitration to address the rationale behind the arbitrator’s decision to treat Bitcoin as property.

Essentially, Wu explained that due to Bitcoin’s decentralised nature, which provides financial freedom and economic value to the owner, the asset can be recognised as property.

The court stressed that regardless of the legality of Bitcoin and other major crypto currencies, the circulation and payment of Bitcoin is not illegal. This means that merchants can freely accept crypto currencies as a payment method without violating local law.

In the opinion of the arbitral tribunal, Bitcoin’s circulation and payment, whether or not Bitcoin is legal, is not illegal. Bitcoin does not have the same rights as Fiat, but that does not mean that holding or paying with Crypto is illegal.

Earlier this month, China’s oldest technology magazine Beijing Sci-Tech Report (BSTR), a respected media company in the country, published its plans to accept Bitcoin for its annual subscription to promote the use of blockchain and practical applications of the dominant crypto currency.

BSTR announced that from 2019 the annual subscription to its magazine will be sold at a price of 0.01 BTC worth approximately $65. If BTC’s price were to rise significantly in the future, the magazine stated that it would compensate its customers accordingly.

Several hotels in China’s major cities have also begun to accept crypto currencies, one of which has called itself the Ethereum Hotel, offering benefits and discounts to those paying for their Ethereum services.

What does this show about China in relation to Crypto?

Given China’s optimistic attitude towards blockchain technology and positive comments from government agencies on the sector, it has become clearer that the government has probably imposed a blanket ban on crypto currency trading to prevent the devaluation of the Chinese yuan and limit market speculation.

But overall, the government remains open to crypto and the use of the blockchain to improve existing infrastructures and problems related to software and data billing.

Online Casino Law in Germany and the Rest of Europe

With the legally required closure of many gaming halls in Germany in 2017, online casinos are experiencing a further upswing. However, many players are asking themselves whether gambling in German online casinos halls is legal, or whether people might even make themselves liable to prosecution.

The reports on online casinos in the media are usually very one-sided. They do not concern themselves also in the core with the legality, but represent online casinos generally as the digitized Beelzebub.

When researching whether online casinos are legal or illegal, one quickly reaches the limits of legislation. The German State Treaty on Gaming is outdated and no longer covers today’s needs. The change which should come into force in 2017 failed miserably and was rejected by several Lands of the Federal Republic. For more than a decade now, a new law has been being drafted, but it now seems to be further away than it was in 2007. At that time, the renewal of the law had already been decided. In the meantime, however, even the “Draft of the Second State Treaty on the Amendment of the State Treaty on Gaming” has been put on ice. The title of the paper alone clearly shows how far one is from each other and, above all, from reality. In order to go to the question about the legality on the reason one must be expert. These sit with CasinoSpecialist, an online magazine, which concerns itself exclusively with Casino tests and everything with it in connection stands.

Online Casinos Legal with European License

In general, gambling is a matter for the federal states. However, these countries must comply with German law. For the European Union, however, the EU law is decisive. That means, if one wants to summarize it simply, that an online casino which possesses a license in the European Union and in the country properly its income taxed can be visited also from Germany.

The large political problem here is not the European Union right or the addiction danger, as the politicians always want to present it in the public, but the fear of it the monopoly position to lose. The state of Schleswig-Holstein has resisted the German regulation anyway and issued its own licenses. These are limited until 2019. However, it is already clear that the experiment has been successful and that in most cases the licenses will be renewed.

Are online licenses from Malta trustworthy?

The majority of online casinos have obtained their licenses from the Maltese MGA. Only while it is a small island in the Mediterranean Sea this does not mean that there are trafficking. For small states without natural resources, it is virtually impossible to cover their household needs. There are many other niche industries which are an important budget factor for small countries. Especially the Malta Gaming Authority is known for its hard controls and transparency.

Listed Online Casino Operators

Many casino operators are not only registered in the EU and Great Britain, they are also listed on the stock exchange. Some companies which also operate virtual gaming halls have been active in gambling for decades. At that time one did not know still at all that there will be sometime Internet. The traditional English bookmaker William Hill is just one example of the many listed companies.

So until the German legislation actually changes, online casinos with a valid European license are legal. Of course, this does not mean that there is no danger of gambling addiction. Even if casinos have protective mechanisms and offer help, everyone is responsible for their own behavior and must be aware of this responsibility.