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Regulatory Ramblings

Regulatory Ramblings: Episode 42 – The Intersection of Digital Assets and Data Protection with Jonathan Crompton

Jonathan Crompton is a partner at the law firm Reynolds, Porter & Chamberlain (RPC), based in Hong Kong. There, he helps companies and individuals navigate complex cross-border disputes and investigations involving their Asian operations. He specializes in commercial matters (particularly for the retail industry), financial services, technology-related disputes, and cyber incidents.

As the lead for RPC’s ‘ReSecure’ cyber incident response service in Asia, he advises local and multinational clients on cyber-attacks, data privacy, and law enforcement investigations. He also helps clients worldwide recover money transferred to Hong Kong bank accounts as a result of cyber and other frauds.

Jonathan advises on all forms of disputes, including litigation before national courts and arbitral tribunals operating under various rules (in particular, the HKIAC, ICC, and UNCITRAL) and on investigations by regulators (notably financial services regulators such as the Securities and Futures Commission). His clients include senior individuals, asset managers, and leading multinational corporations and brands. As a result of RPC’s predominantly ‘conflict-free’ model for financial services disputes, Jonathan represents senior individuals and companies in claims brought by or against leading banks where other firms are often unable to act.

He is also a founding member of the Hong Kong chapter of the Crypto Fraud and Asset Recovery (CFAAR) network, the first global association for such professionals. The London chapter was launched in London in 2021, and the Hong Kong chapter was formed in August 2022.

In this episode of Regulatory Ramblings, Jonathan chats with host Ajay Shamdasani about his background, upbringing, and how he ended up in the legal profession. The bulk of the conversation, however, is devoted to data protection and digital assets, specifically the February raid of the offices of WorldCoin by the Hong Kong Office of the Privacy Commissioner (PCPD). They discuss the PCPD’s expression of concern about WorldCoin’s collection and storage of iris scans in exchange for its WorldCoin token (WLD).

As Jonathan points out, the case was a clear example of the increasing intersection of personal data protection principles and digital assets. The conversation also covers his recent LinkedIn post in which he stated that Privacy Commissioner Ada Chung’s action was further proof that she was flexing her existing powers—even before the amendments to the territory’s Personal Data (Privacy) Ordinance are expected to be enacted within the next year.

They also discuss the shape Jonathan envisages those amendments taking, the recent cases he has seen in his practice involving virtual assets, digital contracts, and cybersecurity, and related emerging methodologies, trends, and themes.

Podcast Discussion:

  • 3:01  Journey from Military Roots to Legal Frontiers
  • 11:00  Perspectives on Legal Specialization in the Virtual Asset Sphere
  • 20:52  Understanding Cryptocurrency Fraud and Legal Challenges in Recovery
  • 29:16  Assessing the Efficacy of Asset Tracing Rules in Cryptocurrency Fraud Cases
  • 38:12  Money Mules, Cybercrime, and the Evolution of Financial Fraud
  • 42:48  Complexities of Cybercrime and Deepfake Deception in Financial Fraud
  • 45:29  Insights into Crypto Regulation and Risk Management from CFAAR
  • 59:34  Intersection of Personal Data and Digital Assets: Insights from WorldCoin and NFTs
  • 1:05:52  Personal Data Privacy: Insights into Legislative Amendments and Regulatory Enforcement in Hong Kong
  • 1:17:01  Adapting Legal Careers to Emerging Technologies, Change and Uncertainty

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