Non-Fungible Tokens a ochrana spotřebitele
Non-Fungible Tokens and Consumer Protection

Summary/Abstract: The article aims to analyse the legal nature of Non-Fungible Tokens (NFT) and related consumer protection issues. To fully understand NFT technology, it is necessary to first clarify the relationship of the NFT to the underlying asset used in the minting process. Differentiating NFTs from the underlying asset and their relationship will allow for an understanding of the functionalities and subsequent legal implications of respective NFT categories and to determine what rights apply to the ownership of a particular NFT. Given the fact that an NFT is a virtual asset with a value, it is appropriate to examine the application of consumer law, which is still widely overlooked when selling these assets. The article therefore sets out the various elements of the information obligation of the entrepreneur selling NFTs and further explores the issue of right of withdrawal when purchasing an NFT. Consumer law is closely related to the protection of users of digital content; therefore the article provides a theoretical assessment of the application of this legal institute to the phenomenon of NFTs.

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