Are there any regulations or laws that mandate a KYC process for NFT projects?

Select jurisdiction

Germany
  • Germany
  • Brazil
  • Sweden

Germany

Generally, NFTs that are unregulated utility tokens are not subject to KYC requirements.
But depending on the specifics of the NFT project, it is possible that German KYC
requirements apply. Noteworthy exceptions where KYC requirements might apply:
 NFTs that are not just unregulated utility tokens but financial instruments and are
traded on a platform,
 NFTs for physical (not: digital) art objects with a price of 10.000 EUR or more,
 NFTs for high-value goods (such as physical jewelry and watches) with cash (not:
digital/crypto) payments of 2.000 EUR or more,
 NFTs for other goods with cash (not: digital/crypto) payments of 10.000 EUR or more.

Christoph Engelmann

Regulation

Brazil

There is no KYC requirement for NFT releases that do not feature STO (Security Token
Offering), however this is a good compliance practice.

Sweden

Not directly but depending on the circumstances both national and EU regulations (primarily the fifth anti-
money laundering directive) could become applicable for NFT projects.

Elvin Sababi

Regulatory and Compliance (including AML), NFT IP rights, Crypto taxation

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