Redacción

NFTS AND DIGITAL CONTRACTS: BETWEEN INTELLECTUAL PROPERTY AND BUYER GUARANTEES

Por Diego Ricardo Molinari Chiarappa / 01 de diciembre de 2025

💡 MCHM Lawyers - Lawyers - Contracts
📎 NFTs and digital contracts: between intellectual property and buyer guarantees
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👉 NFTs and digital sales contracts: Intellectual property and guarantees
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💬 The emergence of NFTs (Non-Fungible Tokens) has transformed the legal and economic landscape of digital assets. These tokens, based on blockchain technology, certify the ownership and authenticity of a digital good, ranging from artworks to collectibles, as well as music, video games or documents. However, their growing popularity raises major legal questions, especially regarding intellectual property and guarantees within digital sales contracts. ✍️
📌 Legal nature of NFTs
• Unique and unrepeatable token: Unlike cryptocurrencies, NFTs are not interchangeable with each other, which gives them an exclusive character.
• Certificate of ownership: An NFT is not the work itself, but a blockchain record that certifies possession of a linked digital or physical asset.
• Real right vs. right of use: In many cases, acquiring an NFT does not mean obtaining exploitation rights over the work, but merely ownership of the token.
📚 Intellectual property and NFTs
One of the main challenges is the confusion between intellectual property and token ownership:
• Copyright: The creator of the work retains moral and economic rights unless they expressly transfer them. Purchasing an NFT does not automatically grant a licence to reproduce, distribute or modify the work.
• Associated licences: Some digital sales contracts include specific usage licences (for example, private display, limited commercial use). Clarity in these clauses is essential to avoid disputes.
• Risk of infringement: Tokenising works without the rights holder’s authorisation constitutes a violation of intellectual property regulations.
⚖️ Digital sales contracts for NFTs
The sale of NFTs is executed through smart contracts, which automatically enforce the conditions agreed on the blockchain. However, from a legal standpoint, they remain sales contracts subject to general rules:
• Object of the contract: The token and, where applicable, the rights associated with it.
• Price: Usually paid in cryptocurrencies, which raises tax and traceability issues.
• Consent: Acceptance occurs by interacting with the platform, requiring enhanced transparency and adequate pre-contractual information for consumers.
🛡️ Buyer guarantees and protection
Consumer and e-commerce regulations also apply:
• Authenticity guarantee: The seller must ensure that the NFT corresponds to the announced work or asset.
• Protection against hidden defects: Although the concept is complex in the digital sphere, it could apply in cases of fraudulent or defective tokenisation.
• Right of withdrawal: In digital goods sales, this right may be limited but must be clearly disclosed to the consumer.
• Liability of platforms: NFT marketplaces may be secondarily liable if they enable illicit transactions or fail to adequately verify the origin of assets.
🌍 European and Spanish perspective
Within the European Union, NFT regulation is linked to:
• The Copyright Directive in the Digital Single Market (DSM).
• Digital Services Act (DSA) and Markets in Crypto-Assets (MiCA).
• In Spain, the Intellectual Property Law and the Information Society Services Law provide the applicable framework, although a specific regulation for NFTs is still lacking.
🚀 Conclusion
NFTs represent an opportunity for innovation in digital commerce but also a challenge for the legal sector. The key lies in clearly distinguishing between token ownership and exploitation rights over the work, as well as ensuring transparency and safety in digital sales contracts.
Ultimately, the future of NFTs will depend on how legal guarantees are structured and on the capacity of market operators to offer confidence to consumers and creators.
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⚖️ Welcome to the Online Civil Procedure offered by MCHM Lawyers. Through our online platform, we provide you with the convenience of completing the entire procedure from the comfort of your home, without needing to visit our office or the courts (Except for mandatory procedures). Below, we guide you through each step of the process:
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Uploading Documents:
From your personal account, you can upload all the required documents to start the Civil procedure. This includes text documents, images and any other relevant files for your case.
Receiving Notifications and Requirements:
Once you have uploaded your documents, you will receive notifications and requests through your personal account on our online platform. These notifications will include information about the status of your case, any actions required on your part, and any important communication related to your Civil procedure.
Monitoring the Procedure:
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Communication with Your Lawyer:
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Receiving the Judgment:
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In summary, our Online Civil Procedure offers you the convenience and flexibility to complete the entire process from home, without the need to visit our office or the courts (Except for mandatory procedures). With access to your personal account on our online platform, you can upload documents, receive notifications, communicate with your lawyer and monitor the progress of your case in real time. At MCHM Lawyers, we are committed to providing you with the best possible service throughout the Civil procedure.
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📍 For more information, please do not hesitate to contact MCHM Lawyers. ✍️
⚓️ NFTs, digital contracts, intellectual property, copyright, licences, smart contracts, sales, guarantees, consumer, authenticity, blockchain, cryptoassets, regulation, transparency, legal protection, marketplaces, innovation, digital Europe, legaltech, trust

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