SciPHRSciPHR/ Notes sciphr.io ↗

Enterprise lawyers spent decades perfecting contracts that courts actually enforce.

2025-08-08

Then blockchain arrived with "smart contracts" that exist in legal limbo.

Sideman & Bancroft's 2025 legal analysis is blunt: "Smart contracts are not really contracts at all, but rather are self-executing programs." Meanwhile, 83% of enterprises cite regulatory compliance as their top blockchain barrier.

The World Economic Forum's assessment: "The laws that apply to traditional contracts don't always match up with how smart contracts work."

GDPR demands data deletion, while blockchain promises immutability. MiCA went live in January with new compliance requirements, while the U.S. has 50 different state frameworks.

Smart contracts have the ability to execute across many different jurisdictions simultaneously. How do we determine which laws apply when disputes arise?

The pattern never changes: Innovation races ahead. Compliance catches up with a sledgehammer.

Until we solve enforceability at a legal scale, smart contracts remain brilliant code halted by contract law.

Source: https://www.sideman.com/smart-contracts-revisited-lessons-from-the-courts-in-2025/

← BackAll notes
Network: TESTNET ·_