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Digital Assets (Scotland) Bill

A digital asset is any item that exists in digital format and can be identified, stored, and traded electronically. An example of a digital asset is cryptocurrency. 

The Bill makes it clear that digital assets should be seen as a type of property in law. 

This is a Government bill

The Bill was introduced on 30 September 2025.

Introduced: the Bill and its documents

Overview

The Bill: 

  • confirms that certain kinds of digital asset (like cryptocurrency) can be objects of property in Scots private law.
  • confirms how to acquire and own these digital assets.
  • ensures the general principles of Scots private law apply to these digital assets.

Why the Bill was created

The Scottish Government’s Programme for Government has a commitment to ‘clarify the status of digital assets as property in Scots private law, to provide greater legal certainty for individuals and for businesses including those investing in digital assets, for technology and financial start-ups, as well as for the legal sector’. 

Since digital assets are a new thing, the Scottish courts haven’t yet been able to think about their legal status. This means that there is no body of case law to help provide the answers needed about digital assets as objects of property for individuals, businesses and legal practitioners. 

The Scottish Government is concerned that this lack of legal certainty may discourage tech developers and digital asset owners from choosing Scots law to govern their dealings with digital assets. Those whose dealings with digital assets are governed by Scots law may also be at risk of finding that they are operating in an area of legal uncertainty. 

The Digital Assets in Scots Private Law: Expert Reference Group looked at these issues and made recommendations. These recommendations led to the Scottish Government introducing this Bill to the Parliament.

Bill as Introduced

Digital Assets (Scotland) Bill as introduced (277KB, pdf) posted 30 September 2025

Accompanying Documents

Explanatory Notes (244KB, pdf) posted 01 October 2025

Policy Memorandum (238KB, pdf) posted 01 October 2025

Financial Memorandum (138KB, pdf) posted 01 October 2025

Delegated Powers Memorandum (130KB, pdf) posted 01 October 2025

Statements on legislative competence (110KB, pdf) posted 01 October 2025

Accompanying Documents (print versions)

Explanatory Notes (303KB, pdf) posted 30 September 2025

Policy Memorandum (272KB, pdf) posted 30 September 2025

Financial Memorandum (200KB, pdf) posted 30 September 2025

Delegated Powers Memorandum (214KB, pdf) posted 30 September 2025

Statements on legislative competence (161KB, pdf) posted 30 September 2025

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

A research briefing will be published in due course.

Additional research relevant to the Bill

Research briefing on digital assets in Scots law

The Bill was introduced on 30 September 2025