Search
Contact
20.07.2018 | KPMG Law Insights

Bitcoin, Ether & Co: Cryptocurrencies are changing the infrastructure of the financial market

Bitcoin, Ether & Co: Cryptocurrencies are changing the infrastructure of the financial market

Digital transformation in payment transactions on the rise through virtual currencies + Trust in processes must first grow + Purely electronic payment processes offer great transparency + Banks and central banks remain outside + Rules lacking so far

Payment with virtual means of payment is made according to the principle of a blockchain. This is a digital cash book in which transactions between parties are recorded and stored. More than 700 cryptocurrencies are already traded on the net – with an upward trend. Currently, for example, the European Central Bank is discussing an “ECB Coin” as an alternative to central bank money.

Who controls the processes?

However, trust in the new type of payment transaction must first grow. After all, the idea of an electronic currency that works only on the Net, without intermediaries such as banks or central banks, seems rather strange at first. Complete transparency leads to traceability of the entire transaction history and therefore scores points in questions of data protection and banking secrecy. Nevertheless, there are still some things to be clarified in terms of processes. For example, what rules take effect when the system is disrupted. And how the whole thing can be controlled. It is therefore conceivable that we will see so-called hybrid systems in practice in the future: Closed systems with control instances that can take corrective action when necessary.

Open questions regarding payment transactions

There is also still a need for clarification regarding the treatment of cryptocurrencies in payment transactions. This is because, in BaFin’s view, Bitcoin & Co. are not e-money, as there is no issuer that issues the means of payment while substantiating a claim against itself. According to BaFin, the mere use of Bitcoin is not an activity requiring a license. This includes both letting and paying in the virtual currency, as well as selling and buying your own or “created” Bitcoins. However, if certain circumstances arise, a permit requirement may be established.

Conclusion: However, it is relatively unlikely that the relatively new and detailed design of the financial market infrastructure will be fundamentally changed. It will therefore be necessary to create control instances and rules, but this contradicts the very idea of a purely electronic means of payment.

Explore #more

30.10.2026 | Unkategorisiert

New Podcast in the Packaging Journal: PWR in Practice—Who Is Liable, Who Pays, and What Are the Current Rules?

The core obligations of the PPWR have been in effect since August 12, 2026. In the Packaging People podcast, Dr. Simon Meyer of KPMG Law…

29.10.2026 | In the media

KPMG and KPMG Law Article in *Betriebs-Berater*: Pitfalls in Customs Law

In light of geopolitical changes, new trade barriers, and more rigorous audits, customs and foreign trade law are increasingly becoming a focus for companies. The…

27.10.2026 | In the media

Op-Ed in Versicherungsmonitor: The Environment Is Finally Becoming a Compliance Risk

With the implementation of the new EU Environmental Criminal Law Directive, the environment is becoming a core area of managerial liability. Managers face reputational damage,…

27.10.2026 | KPMG Law Insights

Federal Court of Justice on the Summary Report: Tax-Exempt but Still a Criminal Offense

Can someone be punished for sales tax evasion even if the sales were subsequently deemed tax-exempt? Yes, says the Federal Court of Justice (BGH) in…

23.10.2026 | KPMG Law Insights

PHP2Shell may trigger legal obligations for companies

Two critical vulnerabilities in the PHP programming language are threatening web applications and digital products worldwide. The Federal Office for Information Security (BSI) has warned…

20.10.2026 | In the media

KPMG Law Guest Column in it daily: The Business Judgment Rule and the Use of AI

The rapid advancement of artificial intelligence presents corporate leadership with diverse and far-reaching decisions. These decisions concern not only the selection and deployment of appropriate…

19.10.2026 | In the media

New articles have been published in PERSONALFÜHRUNG

The current issue of PERSONALFÜHRUNG (10–11/2026) features two articles by female experts from KPMG and KPMG Law. In the article “Will AI Save the Day?…

15.10.2026 | KPMG Law Insights

Faster Building Permits – Legal Options for Businesses

Planning and permitting procedures do not always have to delay construction projects. The law provides several options for expediting the process. To take advantage of…

09.10.2026 | KPMG Law Insights

Claims Management for Cyber Incidents: How Insurers Actively Manage Claims

Cyber incidents are among the most complex claims scenarios for insurers. Ransomware attacks, in particular, can paralyze entire IT infrastructures—with enormous financial consequences. Insurers for …

08.10.2026 | In the media

KPMG Law Guest Column in AUTOHAUS: Consumer Credit Directive: Sales Under New Circumstances

Car dealerships should use the time remaining before the new Consumer Credit Directive takes effect to systematically review their financing and sales processes for regulatory…

Contact

Dr. Konstantin von Busekist

Partner
Global Head of Legal Services

Tersteegenstraße 19-23
40474 Düsseldorf

Tel.: +49 211 4155597123
kvonbusekist@kpmg-law.com

© 2026 KPMG Law Rechtsanwaltsgesellschaft mbH, associated with KPMG AG Wirtschaftsprüfungsgesellschaft, a public limited company under German law and a member of the global KPMG organisation of independent member firms affiliated with KPMG International Limited, a Private English Company Limited by Guarantee. All rights reserved. For more details on the structure of KPMG’s global organisation, please visit https://home.kpmg/governance.

KPMG International does not provide services to clients. No member firm is authorised to bind or contract KPMG International or any other member firm to any third party, just as KPMG International is not authorised to bind or contract any other member firm.

Scroll