Exporting and Importing Digital Cultural Goods: EU Law and the Digital Revolution
Exporting and Importing Digital Cultural Goods: EU Law and the Digital Revolution

Summary/Abstract: The digitization of the art world and international markets presents a paradox for lawyers, who must navigate NFTs, cryptocurrencies, and blockchains using 20th-century tools designed for a 19th-century model. The article questions whether current EU law on export, import, trade restrictions, and restitution is fit for the digital era, focusing on whether regulations and the cultural goods return directive (created for tangible objects) adequately apply to intangible digital assets. The EU's art trade laws serve dual purposes: protecting member states' national treasures and safeguarding the EU market from illicit activities. The authors analyze the applicability of existing EU frameworks to digital content, identifying areas needing legislative change, and propose a blockchain-based model for import and export controls of digital cultural goods.

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