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This paper examines the recommendations of the German Fintech Council of March 2019 regarding a future blockchain strategy for Germany. The recommendations are the Fintech Council’s response to the German government’s wish to develop a blockchain strategy. The proposals contain many valuable elements, whereby the principle of liability is neglected. Cases from the short history of blockchain applications prove severe problems and show the extent to which the principle of liability is violated. Liability is one of the fundamental pillars of functioning market economies. There seems to be a tendency in Europe to underrate or under-emphasise the principle of liability when innovative digital developments are looked at. As long as developments are at the experimental stage, there is no objection to this. But in real operation, adequate liability is indispensable. It is the aim of this article to recall this.

Die Empfehlungen des Fintech-Rates zur Regulierung von Blockchains im Lichte ungeklärter Fragen der Haftung