Currency digitization between legality and practicality

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(File photo: Jordan News)
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Hamza Alakaleek

Hamza Alakaleek has graduate degrees in International Political Economy and International Business Law from Yarmouk University and University de Montreal with focus in Internet of Things, Artificial Intelligence and Data Protection.

The concept of digital currency has been around for a while now, and with the advent of blockchain technology, it has become more popular than ever. Central banks around the world have been exploring the possibility of issuing their own digital currencies, and some have already started piloting them. A central bank digital currency (CBDC) is a digital form of fiat currency that is issued and backed by a central bank. اضافة اعلان

The concept of CBDCs has gained significant attention in recent years, with several countries, including China, Sweden, and the Bahamas, already testing or launching their own CBDCs; hencethe Central Bank of Jordan affirmed its support for initiatives and innovations that use modern technology, such as blockchain. However, the introduction of CBDCs raises several legal implications that need to be addressed.

Risks and concerns
One of the primary concerns with CBDCs is privacy. Unlike cash transactions, which are anonymous, digital transactions can be easily traced and monitored. This raises concerns about government surveillance and potential violations of privacy rights. To address these concerns, central banks will need to implement robust privacy protections that ensure user data is protected.

Another concern with CBDCs is their potential use for money laundering and terrorism financing. While they can be tracked under certain parameters, digital currencies can be easily transferred across borders without detection, making them an attractive option for criminals looking to launder money or finance terrorist activities.

Central banks will need to implement strict anti-money laundering and counter-terrorism financing measures to prevent illicit activities. CBDCs also pose cybersecurity risks as they are vulnerable to hacking attacks and other cyber threats. A successful cyber-attack on a central bank's digital currency system could have severe consequences for the financial system as a whole. Central banks will need to invest in robust cybersecurity measures to protect against such threats.

Another legal implication of CBDCs is their legal tender status. Legal tender refers to the currency that must be accepted by law for payment of debts and taxes within a country's borders. If CBDCs are given legal tender status, it could have significant implications for the financial system. For example, it could lead to a reduction in the use of physical cash, which could have implications for financial inclusion.

Another legal issue is it will cause competition with Commercial Banks as they could potentially disintermediate them from the payment system. If CBDCs are widely adopted, it could reduce the need for commercial banks to provide payment services, which could impact their profitability. Central banks will need to carefully consider the potential impact of CBDCs on the banking sector and take steps to mitigate any negative effects.

Benefits
The benefits of central bank digital currencies (CBDCs) are numerous. One of the main benefits of CBDCs is increased financial inclusion. According to the World Bank, there are still over 1.7 billion people in the world who do not have access to formal financial services. CBDCs can help bridge this gap by providing a low-cost and accessible means for people to participate in the financial system. CBDCs can be accessed through mobile phones or other digital devices, which are becoming increasingly ubiquitous even in developing countries. This means that people who previously had no access to banking services can now use CBDCs to make payments, receive salaries, and save money.

Another benefit of CBDCs is reduced transaction costs. Traditional payment systems such as credit cards and wire transfers can be expensive due to high fees charged by intermediaries such as banks and payment processors. With CBDCs, transactions can be processed directly between parties without intermediaries, reducing transaction costs significantly. This is particularly beneficial for cross-border transactions where fees can be exorbitant. CBDCs can facilitate instant cross-border payments at a fraction of the cost charged by traditional payment systems.

CBDCs can also improve monetary policy transmission by providing central banks with more direct control over the money supply. Currently, central banks rely on commercial banks to implement monetary policy by adjusting interest rates and reserve requirements. With CBDCs, central banks can directly influence the money supply by issuing or withdrawing digital currency from circulation. This can help central banks achieve their policy objectives more effectively and efficiently.

Furthermore, CBDCs can enhance financial stability by reducing the risk of bank runs and other systemic risks. In times of crisis, people tend to withdraw their deposits from banks, leading to a liquidity crunch that can destabilize the financial system. With CBDCs, people can hold digital currency directly with the central bank, reducing the risk of bank runs and other systemic risks. This can help stabilize the financial system and prevent crises from escalating.

Moreover, CBDCs can increase transparency in the financial system by providing a clear record of all transactions. Currently, cash transactions are anonymous and difficult to track, making it easier for criminals to engage in illicit activities such as money laundering and terrorism financing. With CBDCs, all transactions are recorded on a blockchain ledger that is transparent and immutable. This makes it easier for law enforcement agencies to track illicit activities and prevent financial crimes.

In conclusion
The introduction of CBDCs has significant legal implications that need to be addressed. It is essential that central banks work closely with regulators and other stakeholders to ensure that CBDCs are introduced in a way that maximizes their benefits while minimizing their risks. Nevertheless, it has numerous benefits that make them an attractive proposition for central banks around the world. They can increase financial inclusion, reduce transaction costs, improve monetary policy transmission, enhance financial stability, and increase transparency in the financial system.


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