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Rechtsanwalt Marian Härtel - ITMediaLaw

Blockchain and DLT technology: How they promote democracy and strengthen DAOs’ right of participation

12. April 2023
in Blockchain and web law
Reading Time: 6 mins read
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Key Facts
  • Blockchain and DLT technology enable transparent and decentralized structures for the storage and exchange of information.
  • DAOs promote the right of co-determination and a more democratic distribution of power among members.
  • The technologies strengthen trust in democratic decision-making processes through traceability and broader participation.
  • Legal security and regulation are of central importance when founding DAO start-ups.
  • Effective governance models are crucial to ensure transparent decision-making processes and member participation.
  • Potential use cases for DAOs include decentralized financial platforms, education and environmental protection.
  • Challenges such as employees' technical understanding must be overcome in order to improve co-determination.

In this blog post, I venture a thought experiment and gather opinions to find out whether the use of blockchain and distributed ledger technology (DLT) can promote democracy by enabling the right of co-determination of many members in the field of decentralized autonomous organizations (DAOs). In doing so, I also discuss whether there are opportunities to create a startup in the DAO space with the right business model and a legally secure design.

Content Hide
1. Overview: Blockchain and DLT technology at a glance
2. How blockchain and DLT technology can promote democracy
3. Opportunities and challenges in creating a DAO startup.
4. Legal security and regulation
5. The role of governance models in DAOs
6. Potential use cases for democratic DAOs.
7. Employee participation in DAOs: potential and challenges
8. Conclusion: Blockchain and DLT technology as an opportunity for democracy and co-determination
8.1. Author: Marian Härtel

Overview: Blockchain and DLT technology at a glance

I would first like to give a brief overview of blockchain and DLT technology. These digital systems are based on a decentralized and transparent structure. They enable the secure storage and exchange of information and values without the need for a central authority. These technologies have the potential to break down traditional hierarchies and power structures and enable new forms of collaboration. The concept of decentralized autonomous organizations (DAOs) DAOs are organizations based on blockchain or DLT technology and governed by smart contracts. These enable rules and decision-making processes to be mapped automatically and transparently. Members can add their voice to decisions without relying on central authorities. In DAOs, each participant can have a say depending on their share or reputation, which can lead to a more democratic distribution of power and responsibility.

How blockchain and DLT technology can promote democracy

The transparency and decentralization enabled by blockchain and DLT technology can help increase trust in democratic decision-making processes. The traceability of decisions and the possibility of many members having a say make manipulation more difficult. In addition, DAOs can break down barriers that make it difficult to participate in decision-making processes in traditional organizations, such as geographical distances or bureaucratic hurdles. This can lead to greater member participation and promote an understanding of democracy. Overall, technology enables a more inclusive and efficient way of making decisions based on the collective skills and experience of members, resulting in better and more informed decisions.

Opportunities and challenges in creating a DAO startup.

Creating a DAO startup offers the opportunity to develop innovative business models based on democratic principles. In doing so, DAOs can help increase employee or member engagement and satisfaction, for example, and foster a shared focus on sustainable and socially responsible business practices. At the same time, however, there are challenges, particularly with regard to legal security and regulation. In order to make such a startup successful and legally secure, the founders must know the applicable laws and regulations and implement them accordingly. In this context, it is important to seek close cooperation with legal experts and regulatory authorities to ensure that the legal framework is complied with and that potential conflicts can be identified and resolved at an early stage. By complying with these requirements, founders can not only ensure legal certainty, but also build the trust of their members and the public in the DAO startup.

Legal security and regulation

A key issue when launching a DAO startup is legal security. To create a legally sound structure, founders must comply with both national and international laws and regulations. This can be a complex challenge, as blockchain and DLT technology legislation is still nascent and evolving in many countries. To minimize legal risks, it is advisable to seek advice from experts in the field and carefully review existing regulatory frameworks.

The role of governance models in DAOs

An important aspect of promoting democracy in DAOs is designing effective governance models. These set out the rules and procedures for decision-making processes and should aim to enable broad participation by members and ensure transparent processes. In addition, a good governance model should include mechanisms for conflict resolution and member accountability to ensure that the interests of all stakeholders are protected. It is important that such models are flexible and adaptable to respond to change and new challenges. In this context, best practices and experiences from other democratic organizations and systems can be helpful in developing an effective governance model for a DAO. Through continuous evaluation and adaptation, DAOs can ensure that their governance structures meet the needs of their members and promote democracy within the organization over the long term.

Potential use cases for democratic DAOs.

There are many potential use cases for DAOs that can promote participation and democracy. Examples include decentralized financial platforms where members vote on investment decisions, or collective knowledge platforms where experts and interested parties make joint decisions on research directions and projects. In addition, DAOs could also be used in education, environmental protection, or social projects to make decision-making and resource allocation decentralized and democratic. In the cultural and creative sector, DAOs could also help artists, event organizers, and fans make joint decisions about funding and implementing projects. There is great potential for innovation and the creation of new, democratic forms of collaboration that enable the collective intelligence and creativity of members to be harnessed effectively for better outcomes and greater societal benefit.

Employee participation in DAOs: potential and challenges

The ability to leverage DAO-like capabilities for employee engagement offers great potential to foster authentic and honest communication within organizations. Transparent decision-making processes and an equitable distribution of power can involve employees more closely in the management of the company, which can lead to greater satisfaction and performance. However, there are challenges, such as ensuring that all employees have sufficient technical understanding to participate in decision-making processes. In addition, while the anonymity that comes with blockchain and DLT technology can promote openness in communication, it also risks making discussions less constructive and purposeful. To overcome these challenges, it is important to establish an effective communication culture and provide training for employees to strengthen their skills in using these technologies. This allows DAO-like functions to take full effect and contribute to improving employee participation.

Conclusion: Blockchain and DLT technology as an opportunity for democracy and co-determination

In summary, blockchain and DLT technology have the potential to promote democracy and participation, especially in the area of DAOs. The transparent and decentralized nature of these technologies can help build trust in decision-making processes and make manipulation more difficult. However, there are challenges, such as legal certainty and designing effective governance models, that must be overcome to realize the full potential of these technologies.

Regarding Germany, it is questionable whether the country is ready for real DAOs and DAO startups yet, especially in terms of laws and jurisdiction. Current regulation and legal uncertainty could present hurdles that make it difficult for founders to make DAO startups successful and legally secure. Nevertheless, there are also progressive discussions and initiatives in Germany aimed at creating the legal framework for such projects and thus providing a basis for future developments.

It is important that legislation and jurisdiction recognize the technological progress and potential of DAOs and respond accordingly to strengthen Germany as a location for innovation in the field of decentralized organizations.

Personally, I find real DAO startups, for example as SaaS providers, or the implementation of DAO functions in existing companies much more exciting in some cases than NFTs or cryptocurrencies. These applications can fundamentally change the way we collaborate and make decisions, helping to create more democratic and equitable structures in companies and organizations. In this way, they could have a significant social and economic impact and point the way to new paths for viable and sustainable development.

Marian Härtel
Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.

Tags: BlockchainBlogCase lawContractCryptocurrencyCustomizationDevelopmentEntscheidungenFinancingInformationInvestmentLawsLegislationRegulationResourceSaasSicherheitSmart contractStartupsTechnologyVerträgeWorkers

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  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
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